Vol. 76 Friday No. 19 January 28, 2011

Pages 5053–5266

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 76, No. 19

Friday, January 28, 2011

Administration on Aging Copyright Office, Library of Congress See Aging Administration PROPOSED RULES Deposit Requirements for Registration of Automated Aging Administration Databases that Predominantly Consist of Photographs, NOTICES 5106–5107 NOTICES Statement of Organization, Functions, and Delegations of Cable Compulsory License; Specialty Station List, 5213– Authority, 5178 5214 Agriculture Department Defense Department See Farm Service Agency See Army Department See Food Safety and Inspection Service See Navy Department See National Institute of Food and Agriculture Department of Transportation See Pipeline and Hazardous Materials Safety Army Department Administration NOTICES Meetings: Education Department Board of Visitors, United States Military Academy, 5143– NOTICES 5144 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5145 Blind or Severely Disabled, Committee for Purchase From People Who Are Employment and Training Administration See Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Agency Information Collection Activities; Proposals, Submissions, and Approvals: Internal Fraud and Overpayment Detection and Recovery Bureau of Ocean Energy Management, Regulation and Activities, 5212–5213 Enforcement Energy Department NOTICES See Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, See Western Area Power Administration Submissions, and Approvals: NOTICES Coastal Impact Assistance Program, 5192–5193 Environmental Impact Statements; Availability, etc.: Operations in Outer Continental Shelf for Minerals Other Final Long-Term Management and Storage of Elemental than Oil, Gas, and Sulphur, 5189–5192 Mercury, 5145–5147 Meetings: Centers for Medicare & Medicaid Services Environmental Management Site-Specific Advisory NOTICES Board, Paducah, KY, 5147 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5179 Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Commerce Department Implementation Plans: See International Trade Administration Tennessee; Approval of Section 110(a)(1) Maintenance See National Oceanic and Atmospheric Administration Plan for 1997 8-Hour Ozone Standards for Nashville Area, 5078–5080 Committee for Purchase From People Who Are Blind or Wisconsin; Milwaukee–Racine and Sheboygan Areas; Severely Disabled Determination of Attainment of 1997 8-hour Ozone NOTICES Standard; Withdrawal, 5078 Procurement List; Additions and Deletions, 5142 PROPOSED RULES Procurement List; Proposed Additions to the Procurement Hazardous Waste Management Systems: List, 5142–5143 Identification and Listing of Hazardous Waste; Gulf West Landfill, TX, 5110–5119 Regulation of Oil-Bearing Hazardous Secondary Materials Comptroller of the Currency from the Petroleum Refining Industry Processed in a NOTICES Gasification System, etc., 5107–5110 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 5251–5265 Draft Reports; Availability: Biofuels and the Environment; First Triennial Report to Consumer Product Safety Commission Congress, 5154–5156 NOTICES Environmental Impact Statements; Availability, etc.: Meetings; Sunshine Act, 5143 Weekly Receipt, 5156–5157

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Public Water Supply Supervision Program: Federal Housing Finance Agency Program Revision for the State of Alaska, 5157 NOTICES Agency Information Collection Activities; Proposals, Executive Office of the President Submissions, and Approvals, 5161–5178 See Presidential Documents Federal Maritime Commission Farm Service Agency NOTICES RULES Agreements Filed, 5178 Loan Servicing: Farm Loan Programs, 5055–5058 Federal Motor Carrier Safety Administration PROPOSED RULES Highway-Rail Grade Crossing; Safe Clearance, 5120–5129 Federal Aviation Administration NOTICES RULES Qualification of Drivers; Exemption Applications; Diabetes Airworthiness Directives: Mellitus, 5243–5244 Pratt and Whitney JT8D–7, –7A, –7B, –9, –9A, –11, –15, –15A, –17, –17A, –17R, and –17AR Series Turbofan Federal Reserve System Engines, 5066–5068 NOTICES Establishments of Low Altitude Area Navigation Routes: Agency Information Collection Activities; Proposals, T–281, T–283, T–285, T–286, and T–288, Nebraska and Submissions, and Approvals, 5251–5265 South Dakota, 5068–5070 Formations of, Acquisitions by, and Mergers of Bank Special Conditions: Holding Companies, 5178 TTF Aerospace, LLC, Modification to Boeing Model 767– 300 Series Airplanes; Pilot Lower Lobe Crew Rest Federal Transit Administration Module, 5061–5066 NOTICES Alternative Transportation in Parks and Public Lands Federal Communications Commission Program, 5244–5248 PROPOSED RULES Television Broadcasting Services: Fiscal Service El Paso, TX, 5120 RULES Jackson, MS, 5119 Offset of Tax Refund Payments to Collect Delinquent State NOTICES Unemployment Compensation Debts, 5070–5072 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5157–5160 Fish and Wildlife Service Meetings: NOTICES Emergency Access Advisory Committee, 5160 Environmental Assessments; Availability, etc.: Renewal of Charter: Aransas National Wildlife Refuge Complex; Aransas, Advisory Committee on Diversity for Communications in Calhoun, and Refugio Counties; TX, 5196–5198 the Digital Age, 5160–5161 Felsenthal/Overflow National Wildlife Refuges, Ashley, Desha, Union, and Bradley Counties, AR, 5193–5194 Federal Deposit Insurance Corporation Tennessee National Wildlife Refuge, Henry, Benton, NOTICES Decatur, and Humphreys Counties, TN, 5194–5196 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5251–5265 Food and Drug Administration NOTICES Federal Election Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings; Sunshine Act, 5161 Guide to Minimize Microbial Food Safety Hazards of Fresh-Cut Fruits and Vegetables, 5180 Federal Emergency Management Agency Testing Communications on Biological Products, 5179– RULES 5180 Suspension of Community Eligibility, 5081–5083 Food Safety and Inspection Service NOTICES Federal Energy Regulatory Commission Meetings: NOTICES Codex Alimentarius Commission, Codex Committee on Applications: Fats and Oils, 5130–5131 Blue Heron Hydro LLC, 5147–5148 Foreign Assets Control Office Federal Financial Institutions Examination Council RULES NOTICES Cuban Assets Control Regulations, 5072–5078 Determinations Regarding National Appraisal Complaint Hotline, 5161 Health and Human Services Department See Aging Administration Federal Highway Administration See Centers for Medicare & Medicaid Services NOTICES See Food and Drug Administration Surface Transportation Project Delivery Pilot Program; See Health Resources and Services Administration Caltrans Audit Report, 5237–5243 See National Institutes of Health

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Health Resources and Services Administration Justice Programs Office NOTICES NOTICES National Vaccine Injury Compensation Program: Agency Information Collection Activities; Proposals, Revised Amount of the Average Cost of a Health Submissions, and Approvals: Insurance Policy, 5180–5181 National Survey of Youth in Custody, 2011–2012, 5208– 5209 Homeland Security Department Police Public Contact Survey, 5207–5208 See Federal Emergency Management Agency See U.S. Customs and Border Protection Labor Department RULES See Employment and Training Administration Airports of Entry or Departure for Flights To and From NOTICES Cuba, 5058–5061 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Grantee Quarterly Progress Report, 5211–5212 Submissions, and Approvals: National Compensation Survey, 5210–5211 Infrastructure Protection Stakeholder Input Project, 5186– Report of Construction Contractor’s Wage Rates, 5212 5187 Special Employment Under the Fair Labor Standards Act, 5209–5210 Housing and Urban Development Department NOTICES Land Management Bureau Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Environmental Impact Statements; Availability, etc.: Application for Multifamily Project Mortgage Insurance, Las Vegas Field Office, NV, 5199–5200 5188 Salt Wells Energy Projects, Churchill County, NV, 5198– Emergency Homeowners Loan Program Data Elements, 5199 5187 Realty Actions: Federal Property Suitable as Facilities to Assist Homeless, Competitive Sale of Public Lands in Monterey County, 5188 CA, 5201–5202 Funding Availabilities: Recreation and Public Purposes Act Classification; Fiscal Year 2010 Assisted Living Conversion Program for California, 5200–5201 Eligible Multifamily Housing Projects, 5188–5189 Temporary Restriction of Discharge of Firearms on Public Lands: Interior Department Kanaka Valley, El Dorado County, CA, 5202–5203 See Bureau of Ocean Energy Management, Regulation and Enforcement Library of Congress See Fish and Wildlife Service See Copyright Office, Library of Congress See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office National Highway Traffic Safety Administration NOTICES International Trade Administration Annual Insurer Report On Motor Vehicle Theft For The NOTICES 2005 Reporting Year: Agency Information Collection Activities; Proposals, Insurer Reporting Requirements, 5248–5249 Submissions, and Approvals, 5137–5140 Final Results of Sunset Review and Revocation of Order: National Institute of Food and Agriculture Sparklers from the People’s Republic of China, 5140– NOTICES 5141 Veterinary Medicine Loan Repayment Program: Solicitation of Nominations for Veterinary Shortage International Trade Commission Situations, 5131–5137 NOTICES Complaints: National Institutes of Health Certain Set-Top Boxes, and Hardware and Software NOTICES Components Thereof, 5204–5205 Agency Information Collection Activities; Proposals, Expedited Five-Year Reviews of Antidumping Orders: Submissions, and Approvals: Carbon Steel Butt-Weld Pipe Fittings from Brazil, China, Office of Intramural Training and Education Application, Japan, Taiwan, and Thailand, 5205–5206 5181–5182 Investigations: Meetings: Certain Game Devices, Components Thereof and Products National Institute of Biomedical Imaging and Containing Same, 5206–5207 Bioengineering, 5184 Center for Scientific Review, 5182–5183 Justice Department National Institute of Dental and Craniofacial Research, See Justice Programs Office 5183–5184 See Prisons Bureau National Institute of Environmental Health Sciences, NOTICES 5184–5185 Agency Information Collection Activities; Proposals, Requests for Information: Submissions, and Approvals: Interagency Breast Cancer and Environmental Research Community Policing Self-Assessment, 5207 Coordinating Committee, 5185–5186

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National Oceanic and Atmospheric Administration Public Debt Bureau NOTICES See Fiscal Service Meetings: Pacific Fishery Management Council, 5141–5142 Saint Lawrence Seaway Development Corporation PROPOSED RULES National Park Service Seaway Regulations and Rules: NOTICES Periodic Update, Various Categories, 5104–5106 Environmental Impact Statements; Availability, etc.: Securities and Exchange Commission Stehekin River Corridor Implementation Plan, North Cascades National Park Service Complex, 5203–5204 NOTICES National Register of Historic Places: Agency Information Collection Activities; Proposals, Pending Nominations and Related Actions, 5204 Submissions, and Approvals, 5223–5224 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., BATS Y–Exchange, Inc., Chicago National Science Foundation Board Options Exchange, Inc., et al., 5224–5225 NOTICES BATS Exchange, Inc., Chicago Board Options Exchange, Meetings: Inc., Chicago Stock Exchange, Inc., et al., 5227–5228, Astronomy and Astrophysics Advisory Committee, 5214– 5231–5232 5215 International Securities Exchange, LLC, 5225–5227 NYSE Amex LLC, 5229–5230 Navy Department NOTICES Small Business Administration Environmental Impact Statements; Availability, etc.: NOTICES U. S. Navy F–35C West Coast Homebasing, 5144–5145 Meetings: Small Business Information Security Task Force; Nuclear Regulatory Commission Teleconference, 5232–5233 PROPOSED RULES Physical Protection of Shipments of Irradiated Reactor Fuel, Social Security Administration 5102–5103 NOTICES NOTICES Agency Information Collection Activities; Proposals, Draft Regulatory Guide; Issuance, Availability, 5215–5216 Submissions, and Approvals, 5233–5235 Environmental Impact Statements; Availability, etc.: Privacy Act; Computer Matching Program, 5235–5236 Nichols Ranch In-Situ Recovery Project, Campbell and Johnson Counties, WY, etc., 5216 State Department Exemptions: NOTICES Florida Power Corp., Crystal River Unit 3 Nuclear Agency Information Collection Activities; Proposals, Generating Plant, 5216–5218 Submissions, and Approvals: Meetings: Export Declaration of Defense Technical Data or Services, ACRS Subcommittee on Advanced Boiling Water Reactor, 5236 5218 Culturally Significant Objects Imported for Exhibition Advisory Committee on Reactor Safeguards, 5218–5219 Determinations: Advisory Committee on Reactor Safeguards on Future Pastel Portraits; Images of 18th-Century Europe, 5236– Plant Designs, 5220 5237 Upside Down Arctic Realities, 5236 Pension Benefit Guaranty Corporation NOTICES Surface Mining Reclamation and Enforcement Office Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Maryland Regulatory Program, 5103–5104 Multiemployer Plan Regulations, 5220–5222 Thrift Supervision Office Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 5251–5253 Federal Long Term Care Insurance Program Open Season, 5222–5223 Transportation Department See Federal Aviation Administration Pipeline and Hazardous Materials Safety Administration See Federal Highway Administration PROPOSED RULES See Federal Motor Carrier Safety Administration Highway-Rail Grade Crossing; Safe Clearance, 5120–5129 See Federal Transit Administration See National Highway Traffic Safety Administration Presidential Documents See Pipeline and Hazardous Materials Safety ADMINISTRATIVE ORDERS Administration Cote d’Ivoire; Continuation of National Emergency (Notice See Saint Lawrence Seaway Development Corporation of January 26, 2011), 5053 RULES Disadvantaged Business Enterprise; Program Improvements, Prisons Bureau 5083–5101 NOTICES Environmental Assessment; Availability: Treasury Department New Low Security Beds, 5209 See Comptroller of the Currency

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See Fiscal Service Western Area Power Administration See Foreign Assets Control Office NOTICES See Thrift Supervision Office Proposed Transmission and Ancillary Services Formula NOTICES Rates: Agency Information Collection Activities; Proposals, Loveland Area Projects, Western Area Colorado Missouri Submissions, and Approvals, 5249–5250 Balancing Authority, 5148–5154 List of Countries Requiring Cooperation with an International Boycott, 5250–5251 Reader Aids Consult the Reader Aids section at the end of this page for U.S. Customs and Border Protection phone numbers, online resources, finding aids, reminders, RULES and notice of recently enacted public laws. Airports of Entry or Departure for Flights To and From To subscribe to the Federal Register Table of Contents Cuba, 5058–5061 LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Administrative Orders: Notices: Notice of January 26, 2011 ...... 5053 7 CFR 761...... 5055 766...... 5055 8 CFR 234...... 5058 10 CFR Proposed Rules: 73...... 5102 14 CFR 25...... 5061 39...... 5066 71...... 5068 19 CFR 122...... 5058 30 CFR Proposed Rules: 920...... 5103 31 CFR 285...... 5070 515...... 5072 33 CFR Proposed Rules: 401...... 5104 37 CFR Proposed Rules: 202...... 5106 40 CFR 52 (2 documents) ...... 5078 Proposed Rules: 260...... 5107 261 (2 documents) ...... 5107, 5110 44 CFR 64...... 5081 47 CFR Proposed Rules: 73 (2 documents) ....5119, 5120 49 CFR 26...... 5083 Proposed Rules: 177...... 5120 392...... 5120

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Federal Register Presidential Documents Vol. 76, No. 18

Friday, January 28, 2011

Title 3— Notice of January 26, 2011

The President Continuation of the National Emergency With Respect to the Situation in or in Relation to Coˆte d’Ivoire

On February 7, 2006, by Executive Order 13396, the President declared a national emergency, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701–1706), to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States con- stituted by the situation in or in relation to Coˆte d’Ivoire and ordered related measures blocking the property of certain persons contributing to the conflict in Coˆte d’Ivoire. The situation in or in relation to Coˆte d’Ivoire, which has been addressed by the United Nations Security Council in Resolu- tion 1572 of November 15, 2004, and subsequent resolutions, has resulted in the massacre of large numbers of civilians, widespread human rights abuses, significant political violence and unrest, and fatal attacks against international peacekeeping forces. Because the situation in or in relation to Coˆte d’Ivoire continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on February 7, 2006, and the measures adopted on that date to deal with that emergency, must continue in effect beyond February 7, 2011. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13396. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, January 26, 2011. [FR Doc. 2011–2063 Filed 1–27–11; 8:45 am] Billing code 3195–W1–P

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Rules and Regulations Federal Register Vol. 76, No. 19

Friday, January 28, 2011

This section of the FEDERAL REGISTER telephone: (202) 690–4014. Persons with comment on the proposed rule, FSA contains regulatory documents having general disabilities who require alternative added additional clarity and detail to applicability and legal effect, most of which means for communications (Braille, the requirements. are keyed to and codified in the Code of large print, audio tape, etc.) should A second amendment allows family Federal Regulations, which is published under contact the USDA Target Center at (202) members of lessees who are members of 50 titles pursuant to 44 U.S.C. 1510. 720–2600 (voice and TDD). a socially disadvantaged group to The Code of Federal Regulations is sold by SUPPLEMENTARY INFORMATION: purchase properties under Homestead the Superintendent of Documents. Prices of Protection. This amendment, which is new books are listed in the first FEDERAL Background made to 7 CFR 766.154, ‘‘Homestead REGISTER issue of each week. This final rule implements multiple Protection Leases,’’ is specifically provisions of the 2008 Farm Bill (Pub. required by the 2008 Farm Bill. The L. 110–246) concerning loan servicing purpose of the Homestead Protection DEPARTMENT OF AGRICULTURE for FSA’s direct loan program. In program is to allow borrowers who secured their loan with their principal Farm Service Agency general, FSA direct loans provide credit to farmers who are unable to get credit residence to continue to occupy that property through a lease or lease- 7 CFR Parts 761 and 766 elsewhere. On August 7, 2009, FSA published purchase, after it has come into the RIN 0560–AI05 the loan servicing proposed rule (74 FR inventory of the Government after 39565–39569). As discussed below, FSA foreclosure or voluntary conveyance. Loan Servicing; Farm Loan Programs proposed three substantive amendments Before this amendment was made, only AGENCY: Farm Service Agency, USDA. and one conforming technical the original lessee on a Homestead Protection lease-purchase agreement ACTION: Final rule. amendment in the proposed rule. This final rule addresses the comments had the option to purchase the property; SUMMARY: The Farm Service Agency received on the proposed rule and this amendment allows the lessee to (FSA) is amending the Farm Loan makes some minor revisions to the designate a family member the right to Programs (FLP) direct loan servicing proposed language to address the exercise that option. regulations to implement provisions of comments received. FSA received The third amendment sets a the Food, Conservation, and Energy Act comments on the proposed rule from moratorium on foreclosure and loan of 2008 (the 2008 Farm Bill). This rule two commenters; the comments acceleration actions for borrowers with implements four amendments to the addressed multiple provisions of the an accepted program discrimination direct loan servicing regulations. The rule. The commenters were a nonprofit claim with the USDA Office of the first amendment further emphasizes organization and an FSA employee. Assistant Secretary for Civil Rights, transitioning borrowers to private Office of Adjudication. This amendment sources of credit in the shortest time Summary of Amendments to the Loan will stop foreclosure and loan practicable. The second amendment Servicing Regulations acceleration actions for borrowers with amends the Homestead Protection lease The amendments in this rule are an accepted discrimination claim, regulations by extending the right to made to 7 CFR part 761, ‘‘General including interest accruals and offsets, purchase the leased property to the Program Administration,’’ which while the discrimination claim is being lessee’s immediate family when the specifies provisions that apply to resolved. This amendment adds a new lessee is a member of a socially multiple Farm Loan Programs, and to section, 7 CFR 766.358, ‘‘Acceleration disadvantaged group. The third 7 CFR part 766, ‘‘Direct Loan and Foreclosure Moratorium’’ to 7 CFR amendment amends the account Servicing—Special,’’ which specifies the part 766 subpart H, ‘‘Loan Liquidation.’’ liquidation regulations to suspend requirements and procedures for direct In addition to the amendments certain loan acceleration and foreclosure loan servicing in special circumstances, required by the 2008 Farm Bill, this rule actions, including suspending interest primarily those involving financially implements a conforming amendment to accrual and offsets, if a borrower has distressed borrowers. comply with section 335(a) of the Dodd- filed a claim of program discrimination One amendment promotes the goal of Frank Wall Street Reform and Consumer that has been accepted as valid by transitioning borrowers to private credit. Protection Act (Pub. L. 111–203, July 21, USDA and the borrower’s account is at This rule clarifies and expands the 2010), which increased the maximum the point of acceleration or foreclosure. requirements that borrowers must meet, deposit insurance amount for accounts The fourth amendment amends the including training and planning insured by the Federal Deposit supervised bank account regulations to activities, to demonstrate that they are Insurance Corporation (FDIC). This rule make the FSA regulations on insurable gaining the skills to transition to private changes a reference to the limit on account limits consistent with the credit. These amendments are made to insured accounts from $100,000 to ‘‘the regulations of the Federal Deposit 7 CFR 761.1, ‘‘Introduction,’’ a general maximum amount insurable by the Insurance Corporation. introductory section to the farm loan Federal government,’’ which means that DATES: This rule is effective on February regulations, and to 7 CFR 761.103, the FLP regulations will remain 28, 2011. ‘‘Farm Assessment,’’ which describes consistent with federal deposit FOR FURTHER INFORMATION CONTACT: how FSA assesses a borrower’s farming insurance regulations, even if the FDIC Michael C. Cumpton, Assistant to the operation to determine credit limit is revised again or authority for Director, Loan Servicing and Property counseling needs and training needs. As deposit insurance is transferred to Management Division, FSA, USDA; discussed below, in response to a another Federal government entity. The

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current FDIC limit is $250,000. This credit would likely not need and would This rule also adds references to amendment is made to 7 CFR 761.51, therefore not be eligible for a direct Conservation Loans where appropriate, ‘‘Establishing a Supervised Bank loan. Therefore, FSA is not amending to clarify which provisions do not apply Account.’’ the regulations in response to this to those loans. comment. Executive Order 12866 Discussion of Comments Comment: FSA should reference the The following provides a summary of statutory requirement for performance The Office of Management and Budget the comments related to each criteria and publish those criteria. (OMB) designated this rule as not amendment, and FSA’s response, Response: The existing statutory significant under Executive Order 12866 including changes we are making to the requirements for performance criteria and, therefore, OMB has not reviewed regulations in response to the are referenced in the preamble to the this final rule. comments. proposed rule. Specifically, Section Regulatory Flexibility Act 5304 of the 2008 Farm Bill amends the Transitioning Borrowers to Private The Regulatory Flexibility Act Credit Consolidated Farm and Rural Development Act (7 U.S.C. 1981–2008r, (5 U.S.C. 601–612), as amended by the Comment: ‘‘Borrower graduation the Con Act) to add a section that Small Business Regulatory Enforcement requirements’’ should be added to the requires the Secretary to establish a plan Fairness Act of 1996 (SBREFA), tools noted in 7 CFR 761.1 to assist and performance criteria that promote generally requires an agency to prepare borrowers in the transition to private the goal of transitioning borrowers to a regulatory flexibility analysis of any credit. Also, the new sentence clarifying private commercial credit and other rule subject to the notice and comment the purpose of FSA farm loan programs sources of credit in the shortest time rulemaking requirements under the should be moved up a sentence. possible. As discussed in the preamble Administrative Procedure Act (5 U.S.C. Response: FSA agrees and has made to the proposed rule, FSA does not 553) or any other statute, unless the the suggested changes. intend to publish additional detail about agency certifies that the rule will not Comment: ‘‘Graduation plan’’ should the performance criteria in the have a significant economic impact on be added to the list of items required as regulations. Regulations set a substantial number of small entities. part of the farm assessment in 7 CFR requirements and benefits for the FSA has determined that this rule will 761.103(b). public; these performance criteria are not have a significant impact on a Response: FSA agrees with the the internal procedures that FSA will substantial number of small entities for comment and has made the suggested use to evaluate its own performance in the reasons explained below. Thus, FSA change. This change supports the transitioning borrowers to private credit. has not prepared a regulatory flexibility concept of transitioning borrowers to analysis. private commercial credit in the shortest Extension of Right To Reacquire All FSA direct loan borrowers and all period possible and reinforces the Homestead Property to Family farm entities affected by this rule are importance of the graduation plan. We Members small businesses according to U.S. also added a reference to Conservation Comment: Why is this opportunity Small Business Administration small Loans (CL), to clarify which only provided for lessees who are a business size standards. There is no requirements do not apply to those member of a socially disadvantaged diversity in size of the entities affected loans. Conservation Loans are a new group, rather than all lessees? If it’s a by this rule, and the costs to comply type of farm loan, authorized by the good idea for one, it’s a good idea for all. with it are the same for all sizes of 2008 Farm Bill, which may be used to Response: FSA cannot extend this entities. The costs of compliance with implement certain conservation opportunity to all lessees because this rule are expected to be minimal. practices. An inability to obtain Section 5305 of the 2008 Farm Bill does The foreclosure and loan acceleration commercial credit is not a requirement not provide authority for us to do so. moratorium will reduce interest costs for CL eligibility, so some of the FSA is merely implementing the for some borrowers, and should in no requirements that are intended to help statutory language approved by case increase costs for borrowers. No borrowers transition to commercial Congress. comments were received on the credit do not apply to CL. proposed rule regarding disparate Comment: ‘‘Sufficient experience and Out of Scope Comment impact on small entities. Therefore, FSA training for a successful transition to Comment: Oppose FSA’s ‘‘term limits’’ certifies that this rule will not have a private commercial credit’’ should be on loans and the applicable provisions significant economic impact on a made part of the training waiver should have been removed in the 2008 substantial number of small entities. requirements in 7 CFR 764.453. Farm Bill. Term limits are arbitrary. Environmental Review Response: The proposed rule did not Response: This comment is outside propose changes to 7 CFR 764.453. The the scope of this rule. FSA did not The environmental impacts of this suggested change is not consistent with propose changing the term limits in the rule have been considered in a manner the overall objectives of the direct loan proposed rule. consistent with the provisions of the program, which include assisting National Environmental Policy Act borrowers in obtaining training and Miscellaneous Changes (NEPA, 42 U.S.C. 4321–4347), the experience needed to qualify for This rule makes minor clarifying regulations of the Council on commercial credit. The direct loan changes, which are not in response to a Environmental Quality (40 CFR parts program requires that borrowers who comment on the provisions in the 1500–1508), and FSA regulations for need additional training must complete proposed rule, to make terms consistent compliance with NEPA (7 CFR part that training during the term of their throughout the rule. For example, this 799). The changes to the FLP direct loan direct loan, not as a condition to rule consistently uses the term ‘‘lessee or servicing program, required by the 2008 initially qualify for a loan. A loan designee’’ to refer to a lessee utilizing a Farm Bill, that are identified in this applicant who already had the lease-purchase option, rather than final rule are administrative in nature experience and training sufficient to sometimes using that term and and can be considered non- make a successful transition to private sometimes using the term ‘‘purchaser.’’ discretionary. Therefore, FSA has

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determined that NEPA does not apply to 2008 Farm Bill. USDA sent senior level increased opportunities for citizen this rule, and no environmental agency staff to seven regional locations access to Government information and assessment or environmental impact and consulted with Tribal leadership in services, and for other purposes. statement will be prepared. each region on the rules. When the List of Subjects consultation process is complete, USDA Executive Order 12372 will analyze the feedback and then 7 CFR Part 761 Executive Order 12372, incorporate any appropriate changes Accounting, Loan programs— ‘‘Intergovernmental Review of Federal into the regulations through rulemaking Agriculture, Rural areas. Programs,’’ requires consultation with procedures. State and local officials. The objectives USDA will respond in a timely and 7 CFR Part 766 of the Executive Order are to foster an meaningful manner to all Tribal intergovernmental partnership and a government requests for consultation Agriculture, Agricultural strengthened Federalism, by relying on concerning this rule and will provide commodities, Credit, Livestock, Loan State and local processes for State and additional venues, such as webinars and programs—Agriculture. local government coordination and teleconferences, to periodically host For the reasons discussed above, this review of proposed Federal Financial collaborative conversations with Tribal rule amends 7 CFR chapter VII as assistance and direct Federal leaders and their representatives follows: development. For reasons set forth in concerning ways to improve this rule in the Notice to 7 CFR part 3015, subpart Indian country. PART 761—GENERAL PROGRAM V (48 FR 29115, June 24, 1983), the ADMINISTRATION programs and activities within this rule Unfunded Mandates are excluded from the scope of Title II of the Unfunded Mandate ■ 1. The authority citation for part 761 Executive Order 12372. Reform Act of 1995 (UMRA, Pub. L. continues to read as follows: 104–4) requires Federal agencies to Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. Executive Order 12988 assess the effects of their regulatory This rule has been reviewed in actions on State, local, or tribal Subpart A—General Provisions accordance with Executive Order 12988, governments or the private sector. ‘‘Civil Justice Reform.’’ The provisions of Agencies generally must prepare a ■ 2. In § 761.1, amend paragraph (c) by this rule will not have preemptive effect written statement, including a cost adding a new third sentence to read as with respect to any State or local laws, benefit analysis, for proposed and final follows: regulations, or policies that conflict rules with Federal mandates that may § 761.1 Introduction. with such provision or which otherwise result in expenditures of $100 million or impede their full implementation. The more in any 1 year for State, local, or * * * * * rule will not have retroactive effect. tribal governments, in the aggregate, or (c) * * * The programs are designed Before any judicial action may be to the private sector. UMRA generally to allow those who participate to brought regarding this rule, all requires agencies to consider transition to private commercial credit administrative remedies in accordance alternatives and adopt the more cost or other sources of credit in the shortest with 7 CFR part 11 must be exhausted. effective or least burdensome alternative period of time practicable through the use of supervised credit, including farm Executive Order 13132 that achieves the objectives of the rule. This rule contains no Federal mandates assessments, borrower training, market This rule has been reviewed under as defined by Title II of UMRA for State, placement, and borrower graduation Executive Order 13132, ‘‘Federalism.’’ local, or tribal governments or for the requirements. The policies contained in this rule do private sector. Therefore, this rule is not * * * * * not have any substantial direct effect on subject to the requirements of sections States, the relationship between the 202 and 205 of UMRA. Subpart B—Supervised Bank Federal government and the States, or Accounts the distribution of power and Federal Assistance Programs responsibilities among the various The title and number of the Federal ■ 3. In § 761.51, revise paragraph (e), levels of government. Nor does this final assistance programs, as found in the introductory text, to read as follows: rule impose substantial direct Catalog of Federal Domestic Assistance, compliance costs on State and local § 761.51 Establishing a supervised bank to which this rule applies are: account. governments. Therefore, consultation 10.099 Conservation Loans with the States is not required. 10.404 Emergency Loans * * * * * (e) If the funds to be deposited into Executive Order 13175 10.406 Farm Operating Loans 10.407 Farm Ownership Loans the account cause the balance to exceed This rule has been reviewed for the maximum amount insurable by the compliance with Executive Order Paperwork Reduction Act Federal Government, the financial 13175, ‘‘Consultation and Coordination The amendments to 7 CFR parts 761 institution must agree to pledge with Indian Tribal Governments.’’ This and 766 in this final rule require no new acceptable collateral with the Federal Executive Order imposes requirements collection or changes to the current Reserve Bank for the excess over the on the development of regulatory information collections approved by insured amount, before the deposit is policies that have tribal implications or OMB under the control numbers 0560– made. preempt tribal laws. The policies 0233 and 0560–0238. * * * * * contained in this rule do not preempt Tribal law. This rule was included in E-Government Act Compliance Subpart C—Supervised Credit the October through December 2010, FSA is committed to complying with Joint Regional Consultation Strategy the E-Government Act, to promote the ■ 4. In § 761.103, revise paragraphs (a), facilitated by USDA that consolidated use of the Internet and other (b)(9), and (b)(10), and add paragraph consultation efforts of 70 rules from the information technologies to provide (b)(11) to read as follows:

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§ 761.103 Farm assessment. (iv) The lessee or designee is (3) The day after all appeal rights have (a) The Agency, in collaboration with otherwise eligible for the FLP loan. been concluded relating to a failure to the applicant, will assess the farming * * * * * graduate and the Agency prevails on operation to: any appeal; (1) Determine the applicant’s financial Subpart H—Loan Liquidation (4) Any other time when, because of condition, organizational structure, and litigation, third party action, or other ■ 7. Add § 766.358 to read as follows: management strengths and weaknesses; unforeseen circumstance, acceleration is (2) Identify and prioritize training and § 766.358 Acceleration and foreclosure the next step for the Agency in servicing supervisory needs; and moratorium. and liquidating the account. (3) Develop a plan of supervision to (a) Notwithstanding any other (d) A borrower is considered to be in assist the borrower in achieving provisions of this subpart, borrowers foreclosure status under this section financial viability and transitioning to who file or have filed a program anytime after acceleration of the private commercial credit or other discrimination complaint that is account. sources of credit in the shortest time accepted by USDA Office of (e) The moratorium will end on the practicable, except for CL. Adjudication or successor office earlier of: (1) The date the program (b) * * * (USDA), and have been serviced to the discrimination claim is resolved by (9) Supervisory plan, except for point of acceleration or foreclosure on streamlined CL; or after May 22, 2008, will not have USDA or (2) The date that a court of competent (10) Training plan; and their account accelerated or liquidated jurisdiction renders a final decision on (11) Graduation plan, except for CL. until such complaint has been resolved the program discrimination claim if the by USDA or closed by a court of * * * * * borrower appeals the decision of USDA. competent jurisdiction. This PART 766—DIRECT LOAN moratorium applies only to program Signed in Washington, DC, on January 21, SERVICING—SPECIAL loans made under subtitle A, B, or C of 2011. the Act (for example, CL, FO, OL, EM, Jonathan W. Coppess, ■ 5. The authority citation for part 766 SW, or RL). Interest will not accrue and Administrator, Farm Service Agency. is revised to read as follows: no offsets will be taken on these loans [FR Doc. 2011–1917 Filed 1–27–11; 8:45 am] Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. during the moratorium. Interest accrual BILLING CODE 3410–05–P and offsets will continue on all other Subpart D—Homestead Protection loans, including, but not limited to, Program non-program loans. DEPARTMENT OF HOMELAND (1) If the Agency prevails on the SECURITY ■ 6. In § 766.154, revise paragraph (c) to program discrimination complaint, the read as follows: interest that would have accrued during 8 CFR Part 234 the moratorium will be reinstated on the § 766.154 Homestead Protection Leases. account when the moratorium U.S. Customs and Border Protection * * * * * terminates, and all offsets and servicing (c) Lease-purchase options. (1) The actions will resume. 19 CFR Part 122 lessee may exercise in writing the (2) If the borrower prevails on the [CBP Dec 11–05] purchase option and complete the program discrimination complaint, the homestead protection purchase at any interest that would have accrued during RIN 1651–AA86 time prior to the expiration of the lease the moratorium will not be reinstated on provided all lease payments are current. the account unless specifically required Airports of Entry or Departure for (2) If the lessee is a member of a by the settlement agreement or court Flights to and From Cuba order. socially disadvantaged group, the lessee AGENCY: U.S. Customs and Border may designate a member of the lessee’s (b) The moratorium will begin on: (1) May 22, 2008, if the borrower had Protection, DHS. immediate family (that is, parent, a pending program discrimination claim ACTION: Final rule. sibling, or child) (designee) as having that was accepted by USDA as valid and the right to exercise the option to the account was at the point of SUMMARY: Under Department of purchase. acceleration or foreclosure on or before Homeland Security (DHS) regulations, (3) The purchase price is the market that date; or direct flights between the United States value of the property when the option (2) The date after May 22, 2008, when and Cuba must arrive at or depart from is exercised as determined by a current the borrower has a program one of three named U.S. airports: John appraisal obtained by the Agency. discrimination claim accepted by USDA F. Kennedy International Airport, Los (4) The lessee or designee may as valid and the borrower’s account is Angeles International Airport, or Miami purchase homestead protection property at the point of acceleration or International Airport. This document with cash or other credit source. foreclosure. amends current DHS regulations to (5) The lessee or designee may receive (c) The point of acceleration under allow additional U.S. airports that are Agency program or non-program this section is the earliest of the able to process international flights to financing provided: following: request approval of U.S. Customs and (i) The lessee or designee has not (1) The day after all rights offered on Border Protection (CBP) to process received previous debt forgiveness; the Agency notice of intent to accelerate authorized flights between the United (ii) The Agency has funds available to expire if the borrower does not appeal; States and Cuba. These amendments are finance the purchase of homestead (2) The day after all appeals resulting in accordance with the President’s protection property; from an Agency notice of intent to recent statement easing the restrictions (iii) The lessee or designee accelerate are concluded if the borrower placed on flights to and from Cuba by, demonstrates an ability to repay such an appeals and the Agency prevails on the among other things, providing that FLP loan; and appeal; eligible airports may seek approval from

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CBP to accommodate flights arriving intensifying people-to-people CBP officer in charge at the authorized from, or departing for, Cuba. This exchanges. This announcement builds airport of arrival. statement builds upon the President’s on the President’s April 13, 2009 Eligibility Requirements and 2009 initiative to promote democracy initiative to promote greater contact Application and Approval Procedure and human rights in Cuba by easing between separated family members in travel restrictions to facilitate greater the United States and Cuba. The regulations are amended to set contact between separated family Flights Between Cuba and Additional forth eligibility requirements and members in the United States and Cuba. Airports in the United States application and approval procedures for DATES: Effective Date: January 28, 2011. airports seeking approval to accept In the January 14, 2011 statement, the FOR FURTHER INFORMATION CONTACT: aircraft traveling between the United President announced that additional Arthur A.E. Pitts, Sr., U.S. Customs and States and Cuba. (The three airports U.S. airports able to process currently referenced in section 122.153 Border Protection, Office of Field international flights may request CBP Operations, 202–344–2752. of the regulations are already approved approval to accept direct flights to and to accept aircraft traveling between the SUPPLEMENTARY INFORMATION: from Cuba in accordance with United States and Cuba and will not Background procedures to be established by CBP. need to seek CBP approval under this Provided CBP is satisfied that the procedure.) Part 122 of the CBP regulations, airport is suitable to process these subpart O, consisting of sections To be eligible to request approval to flights, CBP will add the airport to the accept flights to and from Cuba, an 122.151–122.158 (19 CFR 122.151– list of airports authorized for direct airport must be an international airport, 122.158), sets forth special procedures flights to or from Cuba. landing rights airport, or user fee that apply to all aircraft (except public In accordance with this statement, aircraft) entering or departing the DHS is amending section 122.153 of airport, as defined and described in part United States to or from Cuba. In title 19 of the Code of Federal 122 of the CBP regulations (19 CFR part particular, section 122.153 (19 CFR Regulations (19 CFR 122.153) to provide 122) and have adequate and up-to-date 122.153) provides that the owner or that airports that meet existing CBP staffing, equipment, and facilities to person in command of any aircraft standards for accommodating process international traffic. In addition, clearing the U.S. for, or entering the U.S. international flights may request CBP the airport must have an Office of from, Cuba must clear or obtain approval to accept direct flights to and Foreign Assets Control (OFAC) licensed permission to depart from, or enter at, from Cuba. Properly authorized flights carrier service provider that is prepared the Miami International Airport, Miami, to and from Cuba will be able to arrive to provide flights between the airport Florida; the John F. Kennedy at or depart from any U.S. airport that and Cuba. The director of the port International Airport, Jamaica, New CBP has approved. For reference authority governing the airport seeking York; or the Los Angeles International purposes, CBP will provide a list of approval must send a written request to Airport, Los Angeles, California. authorized airports in section 122.153 as the Assistant Commissioner, Office of Additionally, section 122.154 of the well as on the CBP Web site, http:// Field Operations, CBP Headquarters CBP regulations (19 CFR 122.154) www.cbp.gov. (1300 Pennsylvania Avenue, NW., requires the person in command of the DHS is also amending section 122.154 Washington, DC 20229). aircraft to provide advance notice of of title 19 (19 CFR 122.154) and section After CBP determines that the airport arrival at least one hour before crossing 234.2 of title 8 (8 CFR 234.2) to bring is suitable to accommodate flights the U.S. coast or border. This notice these sections into conformity with traveling between the United States and must be given either through the Federal revised section 122.153 of title 19. Cuba, CBP will notify the requestor that Aviation Administration flight Revised paragraph (b) of section 122.154 the airport has been approved to accept notification procedure or directly to the of title 19 indicates that when notice of aircraft traveling to or from Cuba, and CBP officer in charge at one of the arrival is provided to CBP, it must be that it may immediately begin to accept designated airports, as applicable. provided to the CBP officer in charge at such aircraft. For reference purposes, Title 8 of the Code of Federal the applicable authorized airport. approved airports will be listed on the Regulations pertaining to landing Revised paragraph (a) of section 234.2 of CBP Web site http://www.cbp.gov and in requirements for aliens arriving by civil title 8 indicates that aircraft arriving new paragraph (c) of section 122.153. aircraft also restricts flights arriving from Cuba with passengers or crew That paragraph as set forth in this from Cuba that are carrying passengers required to be inspected under the INA document lists only the three airports or crew that are required to be inspected must land at one of the airports that CBP that are already authorized to accept under section 235 of the Immigration has authorized pursuant to 19 CFR such aircraft—John F. Kennedy and Nationality Act (INA). Paragraph (a) 122.153. DHS is also revising paragraph International Airport, Los Angeles of section 234.2 of title 8 (8 CFR (a) of section 234.2 to reflect current International Airport, and Miami 234.2(a)) requires that these flights land CBP terminology. International Airport—but will be only at the same three airports: John F. The requirements to obtain clearance revised periodically to reflect additional Kennedy, Los Angeles, or Miami, unless and permission from CBP to depart from airports that CBP has approved. or enter at the airport and to provide advance permission to land elsewhere Additional Requirements for Aircraft advance notice of arrival will still apply. has been obtained from CBP’s Office of Traveling to or From Cuba Field Operations. Clearance and permission to depart In a statement issued on January 14, from or enter at the airport must be All aircraft to which these amended 2011, the President announced a series obtained by contacting the CBP officer regulations apply must be properly of changes to ease the restrictions on in charge at the authorized airport at licensed or otherwise authorized to travel to and from Cuba as part of an which the aircraft departs or arrives. travel between the United States and initiative to support the Cuban people’s Advance notice of arrival must be Cuba. Several Federal agencies desire to freely determine their provided either through the Federal administer the necessary authorizations, country’s future by, among other things, Aviation Administration flight and it is the responsibility of the owner supporting licensed travel and notification procedure or directly to the or person in command of the aircraft to

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ensure that the aircraft has the necessary States and Cuba is a foreign affairs 19 CFR Part 122 authorization to travel. function of the United States Administrative practice and OFAC, an office within the U.S. Government and that rules procedure, Air carriers, Aircraft, Department of Treasury, administers the implementing this function are exempt Cuban Assets Control Regulations, 31 from § 553 (Rulemaking) and § 554 Airports, Alcohol and alcoholic CFR part 515, which prohibit, in (Adjudications) of the APA. In addition, beverages, Cigars and cigarettes, Cuba, relevant part, all persons subject to the the Department of Homeland Security Customs duties and inspection, Drug jurisdiction of the United States from does not consider this rule to be a traffic control, Freight, Penalties, engaging in travel-related transactions ‘‘significant regulatory action’’ under Reporting and recordkeeping involving Cuba unless authorized by Executive Order 12866, section 3(f), requirements, Security measures. OFAC. Persons transporting authorized Regulatory Planning and Review. The Amendments to the Regulations travelers between the United States and Department is of the opinion that easing Cuba by international charter flights as travel restrictions between the United Accordingly, part 234 of title 8 of the carrier service providers must also be States and Cuba is a foreign affairs Code of Federal Regulations and part authorized by OFAC to provide this function of the United States 122 of title 19 CFR are amended as set service. Government and that rules governing forth below: Additionally, an aircraft traveling the conduct of this function are exempt 8 CFR Chapter 1 between the United States and Cuba from the requirements of Executive may require a license from the Order 12866. Finally, because the PART 234—DESIGNATION OF PORTS Department of Commerce, the Department is of the opinion that this OF ENTRY FOR ALIENS ARRIVING BY Department of State, or the Department rule is not subject to the requirements CIVIL AIRCRAFT of Transportation, as applicable. Note of 5 U.S.C. 553, the Department does not that, as a condition precedent for consider this document to be subject to ■ 1. The general authority for part 234 clearance, section 122.157 of the CBP the provisions of the Regulatory continues to read as follows: regulations (19 CFR 122.157) requires Flexibility Act (5 U.S.C. 601 et seq.). Authority: 8 U.S.C. 1103, 1221, 1229; 8 the aircraft commander to present to CFR part 2. CBP a validated license issued by the Paperwork Reduction Act Department of Commerce or a license The collection of information ■ 2. In § 234.2, revise paragraph (a) to issued by the Department of State, as encompassed within this final rule is read as follows: well as documents required pursuant to contained in 19 CFR 122.153 and § 234.2 Landing requirements. 19 CFR part 122, subpart H. Also, air requires a written request to CBP carriers and other commercial operators requesting approval for the airport to be (a) Place of landing. Aircraft carrying are required to adopt and implement the able to accept aircraft traveling to or passengers or crew required to be security requirements established by the from Cuba. The information will be inspected under the Act must land at Transportation Security Administration used by CBP to assist in determining if the international air ports of entry for individuals, property, and cargo an airport is suitable to accommodate enumerated in part 100 of this chapter aboard aircraft (see 49 CFR chapter XII, aircraft traveling between the United unless permission to land elsewhere is subchapter C (Civil Aviation Security)), States and Cuba. A request to approve first obtained from the Commissioner of and ensure that any airport(s) to be this information collection has been U.S. Customs and Border Protection served in Cuba carry out effective submitted to the Office of Management (CBP) in the case of aircraft operated by security measures, in accordance with and Budget (OMB) for review in scheduled airlines, and in all other 49 U.S.C. 44907. accordance with the Paperwork cases from the port director of CBP or Reduction Act of 1995 (44 U.S.C. 3507). other CBP officer having jurisdiction Inapplicability of Notice and Delayed An agency may not conduct, and a over the CBP port of entry nearest the Effective Date Requirements, the person is not required to respond to, a intended place of landing. Regulatory Flexibility Act, and collection of information unless the Notwithstanding the foregoing, aircraft Executive Order 12866 collection of information displays a carrying passengers and crew required The Administrative Procedure Act valid control number assigned by OMB. to be inspected under the Act on flights (APA) generally requires (with The burden estimates for eligibility originating in Cuba must land only at exceptions) that the public be allowed requirements and application and airports that have been authorized by to participate in agency rulemaking. approval procedure under § 122.153 are CBP pursuant to 19 CFR 122.153 as an Normally, an agency publishes a notice as follows: airport of entry for flights arriving from of proposed rulemaking in the Federal Estimated annual reporting burden: Cuba, unless advance permission to Register (5 U.S.C. 553(b)) providing 16 hours. land elsewhere has been obtained from interested persons the opportunity to Estimated number of respondents: 16. the Office of Field Operations at CBP submit comments (5 U.S.C. 553(c)). The Estimated average annual burden per Headquarters. respondent: 1 hour. APA also provides (with exceptions) * * * * * that a final rule published after Signing Authority consideration of those comments not 19 CFR Chapter 1 take effect for at least 30 days from the This final rule is being issued in date of publication (5 U.S.C. 553(d)). In accordance with 8 CFR 2.1 and 19 CFR PART 122—AIR COMMERCE addition, the APA establishes 0.2(a). Accordingly, this final rule is REGULATIONS requirements for adjudications required signed by the Secretary of Homeland ■ 3. The general authority citation for by statute to be determined on the Security. part 122 continues to read as follows: record after opportunity for an agency List of Subjects hearing. (5 U.S.C. 554). Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, The Department of Homeland 8 CFR Part 234 1431, 1433, 1436, 1448, 1459, 1590, 1594, Security is of the opinion that easing Air carriers, Aircraft, Airports, Aliens, 1623, 1624, 1644, 1644a, 2071 note. travel restrictions between the United Cuba. ■ 4. Revise § 122.153 to read as follows:

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§ 122.153 Limitations on airport of entry or Location Name must mark your comments: Docket No. departure. NM440. You can inspect comments in (a) Aircraft arrival and departure. The Los Angeles, Los Angeles International the Rules Docket weekdays, except owner or person in command of any California. Airport Federal holidays, between 7:30 a.m. and aircraft clearing the United States for or Miami, Florida .... Miami International Airport 4 p.m. entering the United States from Cuba, FOR FURTHER INFORMATION CONTACT: John ■ 5. In § 122.154, revise paragraph (b)(2) whether the aircraft is departing on a Shelden, FAA, Airframe/Cabin Safety to read as follows: temporary sojourn or for export, must Branch, ANM–115, Transport Airplane clear or obtain permission to depart § 122.154 Notice of arrival. Directorate, Aircraft Certification from, or enter at, the Miami * * * * * Service, 1601 Lind Avenue, SW., International Airport, Miami, Florida; (b) * * * Renton, Washington 98057–3356; the John F. Kennedy International (2) Directly to the CBP officer in telephone (425) 227–2785; facsimile Airport, Jamaica, New York; the Los charge at the applicable airport (425) 227–1320. Angeles International Airport, Los authorized pursuant to § 122.153. SUPPLEMENTARY INFORMATION: The FAA Angeles, California; or any other airport * * * * * has determined that notice of, and that has been approved by CBP pursuant opportunity for, prior public comment to paragraph (b) of this section, and Janet Napolitano, on these special conditions are must comply with the requirements in Secretary. impracticable because these procedures this part unless otherwise authorized by [FR Doc. 2011–2011 Filed 1–27–11; 8:45 am] would significantly delay issuance of the Assistant Commissioner, Office of BILLING CODE 9111–14–P the design approval and thus delivery of Field Operations, CBP Headquarters. the affected aircraft. In addition, the (b) CBP approval of airports of entry substance of these special conditions and departure. DEPARTMENT OF TRANSPORTATION has been subject to the public-comment (1) Airports eligible to apply. An process in several prior instances with international airport, landing rights Federal Aviation Administration no substantive comments received. The airport, or user fee airport (as defined in FAA, therefore, finds that good cause § 122.1 and described in subpart B of 14 CFR Part 25 exists for making these special conditions effective upon issuance. this part) that is equipped to facilitate [Docket No. NM440; Special Conditions No. passport control and baggage inspection, 25–415–SC] Comments Invited and otherwise process international We invite interested people to take flights and has an Office of Foreign Special Conditions: TTF Aerospace, part in this rulemaking by sending Assets Control (OFAC) licensed carrier LLC, Modification to Boeing Model written comments, data, or views. The service provider that is prepared to 767–300 Series Airplanes; Pilot Lower most helpful comments reference a provide flights between the airport and Lobe Crew Rest Module specific portion of the special Cuba, may request CBP approval to AGENCY: conditions, explain the reason for any become an airport of entry and Federal Aviation Administration (FAA), DOT. recommended change, and include departure for aircraft traveling to or supporting data. We ask that you send from Cuba. ACTION: Final special conditions; request for comments. us two copies of written comments. (2) Application and approval We will file in the docket all procedure. The director of the port SUMMARY: These special conditions are comments we receive, as well as a authority governing the airport must issued for the Boeing Model 767–300 report summarizing each substantive send a written request to the Assistant series airplane. This airplane, as public contact with FAA personnel Commissioner, Office of Field modified by TTF Aerospace, LLC, will about these special conditions. You can Operations, CBP Headquarters, have a novel or unusual design features inspect the docket before and after the requesting approval for the airport to be associated with the pilot lower lobe comment closing date. If you wish to able to accept aircraft traveling to or crew rest module (CRM). The applicable review the docket in person, go to the from Cuba. Upon determination that the airworthiness regulations do not contain address in the ADDRESSES section of this airport is suitable to provide such adequate or appropriate safety standards preamble between 7:30 a.m. and 4 p.m., services, CBP will notify the requestor for this design feature. These special Monday through Friday, except Federal that the airport has been approved to conditions contain the additional safety holidays. accept aircraft traveling to or from Cuba, standards that the Administrator We will consider all comments we and that it may immediately begin to considers necessary to establish a level receive by the closing date for accept such aircraft. For reference of safety equivalent to that established comments. We will consider comments purposes, approved airports will be by the existing airworthiness standards. filed late if it is possible to do so listed on the CBP Web site and in without incurring expense or delay. We DATES: The effective date of these updates to paragraph (c) of this section. may change these special conditions special conditions is January 21, 2011. (c) List of airports authorized to based on the comments we receive. We must receive your comments by If you want us to acknowledge receipt accept aircraft traveling to or from March 14, 2011. Cuba. For reference purposes, the of your comments on these special ADDRESSES: You must mail two copies following is a list of airports that have conditions, include with your of your comments to: Federal Aviation been authorized by CBP to accept comments a self-addressed, stamped Administration, Transport Airplane aircraft traveling between Cuba and the postcard on which you have written the Directorate, Attn: Rules Docket (ANM– United States. docket number. We will stamp the date 113), Docket No. NM440, 1601 Lind on the postcard and mail it back to you. Location Name Avenue, SW., Renton, Washington 98057–3356. You may deliver two Background Jamaica, New John F. Kennedy Inter- copies to the Transport Airplane On May 27, 2010, TTF Aerospace, York. national Airport Directorate at the above address. You LLC (TTF) applied for a supplemental

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type certificate (STC) for installation of type certificate is modified to type design holder may make this a lower lobe pilot crew rest module incorporate the same or similar novel or request concurrently with the (CRM) in Boeing Model 767–300 series unusual design feature, the special demonstration of compliance with these airplanes. The CRM will be a one-piece, conditions would apply to that other special conditions. self-contained unit for installation in the model under the provisions of 14 CFR The Boeing Model 767–300 Flight forward portion of the aft cargo 21.101. Standardization Board Report Appendix compartment. It will be attached to the In addition to the applicable will document the results of these existing cargo restraint system and will airworthiness regulations and special evaluations. In discussions with the be limited to a maximum of two conditions, Boeing Model 767–300 FAA Principal Operating Inspector, occupants. An approved seat or berth, series airplanes must comply with the individual operators may refer to these able to withstand the maximum flight fuel vent and exhaust emission standardized evaluations as the basis for loads when occupied, will be provided requirements of 14 CFR part 34, and the an operational approval, instead of an for each occupant permitted in the noise certification requirements of 14 on-site operational evaluation. CRM. The CRM is intended to be CFR part 36. Any change to the approved CRM occupied only in flight, i.e., not during Novel or Unusual Design Features configuration requires an operational re- taxi, takeoff, or landing. A smoke evaluation and approval, if the change While installation of a CRM is not a detection system, manual fire fighting affects any of the following: new concept for large, transport system, oxygen system, and occupant • Procedures for emergency egress of category airplanes, each module has amenities will be provided. crewmembers, Two entry/exits between the main unique features based on its design, • location, and use. The CRM to be Other safety procedures for deck area will be required. The floor crewmembers occupying the CRM, or structure will be modified to provide installed on Boeing Model 767–300 • series airplanes is novel in that it will Training related to these access for the main entry hatch and procedures. emergency-access hatch. be located below the passenger cabin floor in the aft portion of the forward The applicant for any such change is Type Certification Basis cargo compartment. responsible for notifying the Seattle AEG that a new evaluation of the CRM Under the provisions of 14 CFR Because of the novel or unusual is required. All instructions for 21.101, TTF must show that Boeing features associated with the installation continued airworthiness, including Model 767–300 series airplanes, with of a CRM, special conditions are service bulletins, must be submitted to the CRM, continue to meet either: considered necessary to provide a level (1) The applicable provisions of the of safety equal to that established by the the Seattle AEG for approval before the regulations incorporated by reference in airworthiness regulations incorporated FAA approves the modification. Type Certificate No. A1NM, or by reference in the type certificate of Discussion of Special Conditions No. 9 (2) The applicable regulations in this airplane model. These special and No. 12 effect on the date of TTF’s application conditions do not negate the need to for the change. address other applicable part 25 The following clarifies the intent of The regulations incorporated by regulations. Special Condition No. 9 relative to the reference in the type certificate are fire fighting equipment necessary in the Operational Evaluations and Approval commonly referred to as the ‘‘original CRM: type-certification basis.’’ The These special conditions specify Amendment 25–38 modified the certification basis for Boeing Model requirements for design approvals (i.e., requirements of § 25.1439(a) by adding, 767–300 series airplanes is 14 CFR part type design changes and STCs) of CRMs ‘‘In addition, protective breathing 25, as amended by Amendments 25–1 administered by the FAA’s Aircraft equipment must be installed in each through 25–37. Refer to Type Certificate Certification Service. The FAA’s Flight isolated separate compartment in the No. A1NM for a complete description of Standards Service, Aircraft Evaluation airplane, including upper and lower the certification basis for this model. Group (AEG), must evaluate and lobe galleys, in which crewmember According to 14 CFR 21.16, if the approve the ‘‘basic suitability’’ of the occupancy is permitted during flight for Administrator finds that the applicable CRM for occupation by crewmembers the maximum number of crewmembers airworthiness regulations do not contain before the module may be used. If an expected to be in the area during any adequate or appropriate safety standards operator wishes to use a CRM as operation.’’ for Boeing Model 767–300 series ‘‘sleeping quarters,’’ the module must Section 25.851(a)(4) requires at least airplanes because of a novel or unusual undergo an additional operational one hand fire extinguisher be located in, design feature, the Administrator evaluation and approval. AEG would or readily accessible for use in, each prescribes special conditions for the evaluate the CRM for compliance with galley located above or below the airplane. §§ 121.485(a) and 121.523(b), with passenger compartment. The crew rest As defined in 14 CFR 11.19, special Advisory Circular 121–31, ‘‘Flight Crew is not considered a galley, and it does conditions are issued in accordance Sleeping Quarters and Rest Facilities,’’ not meet one of the cargo compartment with 14 CFR 11.38 and become part of providing one method of compliance to classifications in § 25.851(a)(3). the type certification basis in these operational regulations. Therefore, special conditions are accordance with 14 CFR 21.101. To obtain an operational evaluation, required to define the quantity and type Special conditions are initially the supplemental type design holder of fire extinguishers required in order to applicable to the model for which they must contact AEG within the Flight maintain the same level of safety. are issued. If the type certificate for that Standards Service that has operational- The CRM is an isolated, separate model is amended to include any other approval authority for the project. In compartment, so § 25.1439(a) is model that incorporates the same or this instance, it is the Seattle AEG. The applicable. However, the requirements similar novel or unusual design feature, supplemental type design holder must of Special Condition No. 9 clarify the the special conditions would also apply request a ‘‘basic suitability’’ evaluation expected number of portable PBE in to that model. Similarly, if any other or a ‘‘sleeping quarters’’ evaluation of the relation to the number of required fire model already included on the same crew rest module. The supplemental extinguishers.

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These special conditions address a FAA is requesting comments to allow capable of being quickly opened from CRM that can accommodate up to two interested persons to submit views that inside the compartment, even when crewmembers. In the event of a fire, the may not have been submitted in crowding occurs at each side of the first action should be for each occupant response to the prior opportunities for door. to leave the confined space, unless that comment described above. (e) For all doors installed in the occupant is fighting the fire. Taking the evacuation routes, there must be a time to don protective breathing List of Subjects in 14 CFR Part 25 means to preclude anyone from being equipment would prolong the time for Aircraft, Aviation safety, Reporting trapped inside the compartment. If a the emergency evacuation of the and recordkeeping requirements. locking mechanism is installed, it must occupants and possibly interfere with The authority citation for these be capable of being unlocked from the efforts to extinguish the fire. However, special conditions is as follows: outside without the aid of special tools. the FAA considers it appropriate that a The lock must not prevent opening from Authority: 49 U.S.C. 106(g), 40113, 44701, the inside of the compartment at any minimum of two crewmembers would 44702, 44704. be used fight a fire. As such, Special time. Condition No. 9 describes the minimum The Special Conditions 2. There must be at least two emergency evacuation routes, which equipment necessary to fight a fire in Accordingly, pursuant to the could be used by each occupant of the the crew rest area. authority delegated to me by the crew rest compartment to rapidly Regarding Special Condition No. 12, Administrator, the following special the FAA considers that during the 1- evacuate to the main cabin and be able conditions are issued as part of the type minute smoke detection time, to be closed from the main passenger certification basis for Boeing Model penetration of a small quantity of smoke cabin after evacuation. In addition— 767–300 series airplanes modified by from the aft lower lobe CRM into an (a) The routes must be located with TTF Aerospace, LLC. occupied area of the airplane would be one at each end of the compartment, or 1. Occupancy of the lower lobe crew acceptable, given the limitations in with two having sufficient separation rest compartment is limited to the total these special conditions. The FAA within the compartment and between number of installed bunks and seats in considers that the special conditions the routes to minimize the possibility of each compartment. There must be an place sufficient restrictions on the an event (either inside or outside of the approved seat or berth able to withstand quantity and type of material allowed in crew rest compartment) rendering both the maximum flight loads when crew carry-on bags that the threat from routes inoperative. occupied for each occupant permitted in a fire in the remote CRM would be (b) The routes must be designed to the crew rest compartment. The equivalent to the threat from a fire in the minimize the possibility of blockage, maximum occupancy is two in the crew main cabin. which might result from fire, rest module (CRM). mechanical or structural failure, or Applicability (a) There must be an appropriate persons standing on top of or against the As discussed above, these special placard displayed in a conspicuous escape route. If an evacuation route uses conditions are applicable to Boeing place at each entrance to the CRM an area where normal movement of Model 767–300 series airplanes. Should compartment to indicate: passengers occurs, it must be TTF apply at a later date for a STC to (1) The maximum number of demonstrated that passengers would not modify any other model included on occupants allowed; impede egress to the main deck. If a Type Certificate No. A1NM to (2) That occupancy is restricted to hatch is installed in an evacuation incorporate the same or similar novel or crewmembers whom are trained in the route, the point at which the evacuation unusual design feature, the special evacuation procedures for the crew rest route terminates in the passenger cabin conditions would apply to that model as compartment; should not be located where normal well. (3) That occupancy is prohibited movement by passengers or crew occurs during taxi, take-off, and landing; (main aisle, cross aisle, passageway, or Conclusion (4) That smoking is prohibited in the galley complex). If such a location This action affects only certain novel crew rest compartment; cannot be avoided, special or unusual design features on Boeing (5) That hazardous quantities of consideration must be taken to ensure Model 767–300 series airplanes. It is not flammable fluids, explosives, or other that the hatch or door can be opened a rule of general applicability and dangerous cargo are prohibited from the when a person, the weight of a 95th affects only the applicant who applied crew rest compartment; and percentile male, is standing on the hatch to the FAA for approval of these features (6) That stowage in the crew rest area or door. The use of evacuation routes on the airplane. must be limited to emergency must not be dependent on any powered The substance of these special equipment, airplane-supplied device. If there is low headroom at or conditions has been subjected to the equipment (e.g., bedding), and crew near an evacuation route, provisions notice and comment period in several personal luggage; cargo or passenger must be made to prevent or to protect prior instances and has been derived baggage is not allowed. occupants (of the crew rest area) from without substantive change from those (b) There must be at least one ashtray head injury. previously issued. It is unlikely that located conspicuously on or near the (c) Emergency evacuation procedures, prior public comment would result in a entry side of any entrance to the crew including the emergency evacuation of significant change from the substance rest compartment. an incapacitated occupant from the contained herein. Therefore, because a (c) There must be a means to prevent crew rest compartment, must be delay would significantly affect the passengers from entering the established. All of these procedures certification of the airplane, which is compartment in the event of an must be transmitted to the operators for imminent, the FAA has determined that emergency or when no flight attendant incorporation into their training prior public notice and comment are is present. programs and appropriate operational unnecessary and impracticable, and (d) There must be a means for any manuals. good cause exists for adopting these door installed between the crew rest (d) There must be a limitation in the special conditions upon issuance. The compartment and passenger cabin to be Airplane Flight Manual or other suitable

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means requiring that crewmembers be rest compartment to locate and transfer head location, there must be a placard trained in the use of evacuation routes. to the main passenger cabin floor by identifying the head position. 3. There must be a means for the means of each evacuation route. 9. The following fire fighting evacuation of an incapacitated person (d) The illumination level must be equipment must be provided in the (representative of a 95th percentile sufficient with the privacy curtains in crew rest compartment: male) from the crew rest compartment the closed position for each occupant of (a) At least one approved hand-held to the passenger cabin floor. The the crew rest to locate a deployed fire extinguisher appropriate for the evacuation must be demonstrated for all oxygen mask. kinds of fires likely to occur; evacuation routes. A flight attendant or 6. There must be means for two-way (b) Two PBE devices approved to other crewmember (a total of one voice communications between Technical Standard Order (TSO)-C116 assistant within the crew rest area) may crewmembers on the flightdeck and or equivalent, suitable for fire fighting, provide assistance in the evacuation. occupants of the crew rest compartment. or one PBE for each hand-held fire Additional assistance may be provided There must also be two-way extinguisher, whichever is greater; and by up to three persons in the main communications between the occupants (c) One flashlight. passenger compartment. For evacuation of the CRM compartment and each flight Note: Additional PBEs and fire routes having stairways, the additional attendant station required to have a extinguishers in specific locations (beyond assistants may descend down to one- public address (PA) system microphone the minimum numbers prescribed in Special half the elevation change from the main in accordance with § 25.1423(g) in the Condition No. 9) may be required as a result deck to the lower deck compartment, or passenger cabin. In addition, the PA of any egress analysis accomplished to satisfy to the first landing, whichever is higher. system must include provisions to Special Condition No. 2(a). 4. The following signs and placards provide only the relevant information to 10. A smoke or fire detection system must be provided in the crew rest the crewmembers in the CRM (or systems) must be provided that compartment: compartment (e.g., fire in flight, aircraft monitors each occupiable area within (a) At least one exit sign, located near depressurization, preparation of the the crew rest compartment, including each exit, meeting the requirements of compartment for landing, etc.). That is, those areas partitioned by curtains. § 25.812(b)(1)(i) at Amendment 25–58, provisions must be made so that Flight tests must be conducted to show except that a sign with reduced occupants of the CRM compartment will compliance with this requirement. Each background area of no less than 5.3 not be disturbed with normal, non- system (or systems) must provide: square inches (excluding the letters) emergency announcements made to the (a) A visual indication to the may be used, provided that it is passenger cabin. flightdeck within one minute after the installed so that the material 7. There must be a means for manual start of a fire; surrounding the exit sign is light in activation of an aural emergency alarm (b) An aural warning in the crew rest color (e.g., white, cream, or light beige). system, audible during normal and compartment; and If the material surrounding the exit sign emergency conditions, to enable (c) A warning in the main passenger is not light in color, a sign with a crewmembers on the flightdeck and at cabin. This warning must be readily minimum of a one-inch wide each pair of required floor level detectable by a flight attendant, taking background border around the letters emergency exits to alert occupants of into consideration the positioning of would also be acceptable; the crew rest compartment of an flight attendants throughout the main (b) An appropriate placard located emergency situation. Use of a PA or passenger compartment during various near each exit defining the location and crew interphone system will be phases of flight. the operating instructions for each acceptable, provided an adequate means 11. The crew rest compartment must evacuation route; of differentiating between normal and (c) Placards must be readable from a be designed so that fires within the emergency communications is distance of 30 inches under emergency compartment can be controlled without incorporated. The system must be lighting conditions; and a crewmember having to enter the (d) The exit handles and evacuation powered in flight for at least ten compartment, or the design of the access path operating instruction placards minutes after the shutdown or failure of provisions must allow crewmembers must be illuminated to at least 160 all engines and auxiliary power units equipped for fire fighting to have micro lamberts under emergency (APU), or the disconnection or failure of unrestricted access to the compartment. lighting conditions. all power sources dependent on their The time for a crewmember on the main 5. There must be a means in the event continued operation of the engines and deck to react to the fire alarm, to don the of failure of the aircraft’s main power APUs. fire fighting equipment, and to gain system, or of the normal crew rest 8. There must be a means, readily access must not exceed the time for the compartment lighting system, for detectable by seated or standing compartment to become smoke-filled, emergency illumination to be occupants of the crew rest compartment, making it difficult to locate the fire automatically provided for the crew rest which indicates when seat belts should source. compartment. be fastened. In the event there are no 12. There must be a means provided (a) This emergency illumination must seats, at least one means must be to exclude hazardous quantities of be independent of the main lighting provided to cover anticipated smoke or extinguishing agent system. turbulence (e.g., sufficient handholds). originating in the crew rest (b) The sources of general cabin Seat belt type restraints must be compartment from entering any other illumination may be common to both provided for berths and must be compartment occupied by crewmembers the emergency and the main lighting compatible for the sleeping attitude or passengers. This means must include systems if the power supply to the during cruise conditions. There must be the time periods during the evacuation emergency lighting system is a placard on each berth requiring that of the crew rest compartment and, if independent of the power supply to the seat belts must be fastened when applicable, when accessing the crew rest main lighting system. occupied. If compliance with any of the compartment to manually fight a fire. (c) The illumination level must be other requirements of these special Smoke entering any other compartment sufficient for the occupants of the crew conditions is predicated on specific occupied by crewmembers or

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passengers when the access to the crew masks in the event of decompression. requirements of these special conditions rest compartment is opened, during an The warning must activate before the must be met with the door open or emergency evacuation, must dissipate cabin pressure altitude exceeds 15,000 closed: within five minutes after the access to feet. The aural warning must sound (1) There must be a secondary the crew rest compartment is closed. continuously for a minimum of five evacuation route from each section to Hazardous quantities of smoke may not minutes or until a reset push button in the main deck, or alternatively, it must enter any other compartment occupied the crew rest compartment is depressed. be shown that any door between the by crewmembers or passengers during Procedures for crew rest occupants in sections has been designed to preclude subsequent access to manually fight a the event of decompression must be anyone from being trapped inside the fire in the crew rest compartment (the established. These procedures must be compartment. Removal of an amount of smoke entrained by a transmitted to the operator for incapacitated occupant within this area firefighter exiting the crew rest incorporation into their training must be considered. A secondary compartment through the access is not programs and appropriate operational evacuation route from a small room considered hazardous). During the 1- manuals. designed for only one occupant for short minute smoke detection time, 15. The following requirements apply time duration, such as a changing area penetration of a small quantity of smoke to crew rest compartments that are or lavatory, is not required. However, from the crew rest compartment into an divided into several sections by the removal of an incapacitated occupant occupied area is acceptable. Flight tests installation of curtains or partitions: within this area must be considered. must be conducted to show compliance (a) To compensate for sleeping (2) Any door between the sections with this requirement. occupants, there must be an aural alert must be shown to be openable when If a built-in fire extinguishing system that can be heard in each section of the crowded against, even when crowding is used instead of manual fire fighting, crew rest compartment that occurs at each side of the door. then the fire extinguishing system must accompanies automatic presentation of (3) There may be no more than one be designed so that no hazardous supplemental oxygen masks. A visual door between any seat or berth and the quantities of extinguishing agent will indicator that occupants must don an primary stairway exit. enter other compartments occupied by oxygen mask is required in each section (4) There must be exit signs in each passengers or crew. The system must where seats or berths are not installed. section meeting the requirements of have adequate capacity to suppress any A minimum of two supplemental § 25.812(b)(1)(i) at Amendment 25–58 fire occurring in the crew rest oxygen masks is required for each seat that direct occupants to the primary compartment, considering the fire or berth. There must also be a means by stairway exit. An exit sign with reduced threat, volume of the compartment, and which the oxygen masks can be background area as described in Special the ventilation rate. manually deployed from the flightdeck. Condition No. 4(a) may be used to meet 13. There must be a supplemental (b) A placard is required adjacent to this requirement. oxygen system equivalent to that each curtain that visually divides or (5) Special Conditions No. 5 provided for main deck passengers for separates, for privacy purposes, the (emergency illumination), No. 7 each seat and berth in the crew rest crew rest compartment into small (emergency alarm system), No. 8 (fasten compartment. The system must provide sections. The placard must require that seat belt signal or return to seat signal an aural and visual warning to warn the the curtain remains open when the as applicable) and No. 10 (smoke or fire occupants of the crew rest compartment private section it creates is unoccupied. detection system) must be met with the to don oxygen masks in the event of (c) For each crew rest section created door open or closed. decompression. The warning must by the installation of a curtain, the (6) Special Conditions No. 6 (two-way activate before the cabin pressure following requirements of these special voice communication) and No. 9 altitude exceeds 15,000 feet. The aural conditions must be met with the curtain (emergency fire fighting and protective warning must sound continuously for a open or closed: equipment) must be met independently minimum of five minutes or until a reset (1) Emergency illumination (Special for each separate section except for push button in the crew rest Condition No. 5); lavatories or other small areas that are compartment is depressed. Procedures (2) Emergency alarm system (Special not intended to be occupied for for crew rest occupants in the event of Condition No. 7); extended periods of time. decompression must be established. (3) Seat belt fasten signal or return to 16. Where a waste disposal receptacle These procedures must be transmitted seat signal as applicable (Special is fitted, it must be equipped with a to the operator for incorporation into Condition No. 8); and built-in fire extinguisher designed to their training programs and appropriate (4) The smoke or fire detection system discharge automatically upon operational manuals. (Special Condition No. 10). occurrence of a fire in the receptacle. 14. If a destination area (such as a (d) Crew rest compartments visually 17. Materials (including finishes or changing area) is provided, there must divided to the extent that evacuation decorative surfaces applied to the be an oxygen mask readily available for could be affected must have exit signs materials) must comply with the each occupant who can reasonably be that direct occupants to the primary flammability requirements of § 25.853 at expected to be in the destination area stairway exit. The exit signs must be Amendment 25–66. Mattresses must (with the maximum number of required provided in each separate section of the comply with the flammability masks within the destination area being crew rest compartment, and must meet requirements of § 25.853(b) and (c) at limited to the placarded maximum the requirements of § 25.812(b)(1)(i) at Amendment 25–66. occupancy of the destination area). Amendment 25–58. An exit sign with 18. All lavatories within the crew rest There must be a supplemental oxygen reduced background area as described compartment are required to meet the system equivalent to that provided for in Special Condition No. 4(a) may be same requirements as those for a main deck passengers for each seat and used to meet this requirement. lavatory installed on the main deck, berth in the crew rest compartment. The (e) For sections within a crew rest except with regard to Special Condition system must provide an aural and visual compartment that are created by the No. 10 for smoke detection. warning to warn the occupants of the installation of a partition with a door 19. When a crew rest compartment is crew rest compartment to don oxygen separating the sections, the following installed or enclosed as a removable

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module in part of a cargo compartment requirements of § 25.855 at Amendment equipment (e.g., bedding) must meet the or is located directly adjacent to a cargo 25–60, § 25.857 at Amendment 25–60, design criteria given in the table below. compartment without an intervening and § 25.858 at Amendment 25–54 As indicated by the table below, cargo compartment wall, the following when the module (container) is not enclosed stowage compartments greater applies: installed. than 200 ft3 in interior volume are not (a) Any wall of the module (container) (c) Use of each emergency evacuation addressed by this special condition. The forming part of the boundary of the route must not require occupants of the in-flight accessibility of very large reduced cargo compartment, subject to crew rest compartment to enter the enclosed stowage compartments and the direct flame impingement from a fire in cargo compartment in order to return to subsequent impact on the the cargo compartment and including the passenger compartment. crewmember’s ability to effectively any interface item between the module (d) The aural warning in Special (container) and the airplane structure or Condition No. 7 must sound in the crew reach any part of the compartment with systems, must meet the applicable rest compartment in the event of a fire the contents of a hand fire extinguisher requirements of § 25.855 at Amendment in the cargo compartment. will require additional fire protection 25–60. 20. All enclosed stowage considerations similar to those required (b) Means must be provided so that compartments within the crew rest that for inaccessible compartments such as the fire protection level of the cargo are not limited to stowage of emergency Class C cargo compartments. compartment meets the applicable equipment or airplane-supplied

Stowage compartment interior volumes Fire protection features Less than 25 ft3 25 ft3 to 57 ft3 57 ft3 to 200 ft3

Materials of construction 1 ...... Yes ...... Yes ...... Yes. Detectors 2 ...... No ...... Yes ...... Yes. Liner 3 ...... No ...... No ...... Yes. Locating device 4 ...... No ...... Yes ...... Yes. 1 Material: The material used to construct each enclosed stowage compartment must at least be fire resistant and must meet the flammability standards established for interior components according to the requirements of § 25.853. For compartments less than 25 ft3 in interior volume, the design must ensure the ability to contain a fire likely to occur within the compartment under normal use. 2 Detectors: Enclosed stowage compartments equal to or exceeding 25 ft3 in interior volume must be provided with a smoke or fire detection system to ensure that a fire can be detected within a 1-minute detection time. Flight tests must be conducted to show compliance with this re- quirement. Each system (or systems) must provide: (a) A visual indication in the flight deck within one minute after the start of a fire; (b) An aural warning in the crew rest compartment; and (c) A warning in the main passenger cabin. This warning must be readily detectable by a flight attendant, taking into consideration the posi- tioning of flight attendants throughout the main passenger compartment during various phases of flight. 3 Liner: If it can be shown that the material used to construct the stowage compartment meets the flammability requirements of a liner for a Class B cargo compartment, then no liner would be required for enclosed stowage compartments equal to or greater than 25 ft3 in interior vol- ume but less than 57 ft3 in interior volume. For all enclosed stowage compartments equal to or greater than 57 ft3 in interior volume but less than or equal to 200 ft3, a liner must be provided that meets the requirements of § 25.855 at Amendment 25–60 for a Class B cargo compartment. 4 Locating Device: Crew rest areas that contain enclosed stowage compartments exceeding 25 ft3 interior volume, and that are located away from one central location, such as the entry to the crew rest area or a common area within the crew rest area, would require additional fire pro- tection features and/or devices to assist the firefighter in determining the location of a fire.

Issued in Renton, Washington on January ACTION: Final rule. are issuing this AD to prevent critical 21, 2011. life-limited rotating engine part failure, Ali Bahrami, SUMMARY: We are superseding an which could result in an uncontained Manager, Transport Airplane Directorate, existing airworthiness directive (AD) for engine failure and damage to the Aircraft Certification Service. Pratt & Whitney (PW) JT8D–1, –1A, –1B, airplane. [FR Doc. 2011–1730 Filed 1–27–11; 8:45 am] –7, –7A, –7B, –9, –9A, –11, –15, –15A, –17, –17A, –17R, and –17AR series DATES: This AD is effective March 4, BILLING CODE 4910–13–P turbofan engines. That AD currently 2011. requires revisions to the engine ADDRESSES: DEPARTMENT OF TRANSPORTATION manufacturer’s time limits section (TLS) to include enhanced inspection of Examining the AD Docket Federal Aviation Administration selected critical life-limited parts at You may examine the AD docket on each piece-part opportunity. This AD the internet at http:// 14 CFR Part 39 modifies the TLS of the manufacturer’s www.regulations.gov; or in person at the engine manual and an air carrier’s Docket Management Facility between [Docket No. FAA–2010–0593; Directorate approved continuous airworthiness 9 a.m. and 5 p.m., Monday through Identifier 98–ANE–48–AD; Amendment maintenance program to incorporate Friday, except Federal holidays. The AD 39–16584; AD 2011–03–01] additional inspection requirements and docket contains this AD, the regulatory reduce the model applicability. This AD evaluation, any comments received, and RIN 2120–AA64 was prompted by PW developing, and other information. The address for the Airworthiness Directives; Pratt & the FAA approving, improved Docket Office (phone: 800–647–5527) is Whitney JT8D–7, –7A, –7B, –9, –9A, inspection procedures for the critical Document Management Facility, U.S. –11, –15, –15A, –17, –17A, –17R, and life-limited parts. The mandatory Department of Transportation, Docket –17AR Series Turbofan Engines inspections are needed to identify those Operations, M–30, West Building critical rotating parts with conditions Ground Floor, Room W12–140, 1200 AGENCY: Federal Aviation which, if allowed to continue in service, New Jersey Avenue, SE., Washington, Administration (FAA), DOT. could result in uncontained failures. We DC 20590.

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FOR FURTHER INFORMATION CONTACT: Ian Aviation Programs, describes in more 2011–03–01 Pratt & Whitney: Amendment Dargin, Aerospace Engineer, Engine detail the scope of the Agency’s 39–16584. Docket No. FAA–2010–0593; Certification Office, FAA, Engine and authority. Directorate Identifier 98–ANE–48–AD. Propeller Directorate, 12 New England We are issuing this rulemaking under Effective Date Executive Park, Burlington, MA 01803; the authority described in subtitle VII, part A, subpart III, section 44701, (a) This airworthiness directive (AD) is phone (781) 238–7178, fax (781) 238– effective March 4, 2011. 7199; e-mail: [email protected]. ‘‘General requirements.’’ Under that SUPPLEMENTARY INFORMATION: We issued section, Congress charges the FAA with Affected ADs a notice of proposed rulemaking promoting safe flight of civil aircraft in (b) This AD supersedes AD 2005–25–05, (NPRM) to amend 14 CFR part 39 to air commerce by prescribing regulations Amendment 39–14398. for practices, methods, and procedures supersede AD 2005–25–05, Amendment Applicability 39–14398 (70 FR 73361, December 12, the Administrator finds necessary for 2005). That AD applies to the specified safety in air commerce. This regulation (c) This AD applies to Pratt & Whitney (PW) JT8D–7, –7A, –7B, –9, –9A, –11, –15, products. The NPRM published in the is within the scope of that authority –15A, –17, –17A, –17R, and –17AR series Federal Register on August 18, 2010 because it addresses an unsafe condition that is likely to exist or develop on turbofan engines. These engines are installed (75 FR 50942). That NPRM proposed to on, but not limited to, Boeing 727 and 737 modify the TLS of the manufacturer’s products identified in this rulemaking action. series, and McDonnell Douglas DC–9 series engine manual and an air carrier’s airplanes. approved continuous airworthiness Regulatory Findings Unsafe Condition maintenance program to incorporate We have determined that this AD will (d) This AD results from the need to additional inspection requirements and not have federalism implications under reduce the model applicability. PW has require enhanced inspection of selected Executive Order 13132. This AD will critical life-limited parts of PW JT8D series developed and the FAA has approved not have a substantial direct effect on improved inspection procedures for the turbofan engines. We are issuing this AD to the States, on the relationship between prevent critical life-limited rotating engine critical life-limited parts. The the national government and the States, mandatory inspections are needed to part failure, which could result in an or on the distribution of power and uncontained engine failure and damage to identify those critical rotating parts with responsibilities among the various the airplane. conditions which, if allowed to levels of government. continue in service, could result in For the reasons discussed above, I Compliance uncontained failures. certify that this AD: (e) You are responsible for having the Comments (1) Is not a ‘‘significant regulatory actions required by this AD performed within action’’ under Executive Order 12866; the compliance times specified unless the We gave the public the opportunity to (2) Is not a ‘‘significant rule’’ under actions have already been done. participate in developing this AD. We DOT Regulatory Policies and Procedures (f) Within the next 30 days after the received no comments on the NPRM or (44 FR 11034, February 26, 1979), effective date of this AD, (1) revise the Time on the determination of the cost to the (3) Will not affect intrastate aviation Limits Section (TLS) of the manufacturer’s public. in Alaska, and engine manual, part number 481672, as (4) Will not have a significant appropriate for PW JT8D–7, –7A, –7B, –9, Conclusion economic impact, positive or negative, –9A, –11, –15, –15A, –17, –17A, –17R, and We reviewed the relevant data and on a substantial number of small entities –17AR series turbofan engines, and (2) for air determined that air safety and the under the criteria of the Regulatory carriers, revise the approved mandatory inspections section of the continuous public interest require adopting the AD Flexibility Act. as proposed. airworthiness maintenance program, by List of Subjects in 14 CFR Part 39 adding the following: Costs of Compliance ‘‘Critical Life Limited Part Inspection Air transportation, Aircraft, Aviation A. Inspection Requirements: We estimate that this AD will affect safety, Safety. (1) This section has the definitions for 1,527 JT8D –7, –7A, –7B, –9, –9A, –11, Adoption of the Amendment individual engine piece-parts and the –15, –15A, –17, –17A, –17R, and –17AR inspection procedures which are necessary series turbofan engines installed on Accordingly, under the authority when these parts are removed from the airplanes of U.S. registry. We also delegated to me by the Administrator, engine. estimate that it will take about 10 work- the FAA amends 14 CFR part 39 as (2) It is necessary to do the inspection hours per engine to perform the actions, follows: procedures of the piece-parts in paragraph B and that the average labor rate is $85 per when: work-hour. Since this is an added PART 39—AIRWORTHINESS (a) The part is removed from the engine inspection requirement, included as DIRECTIVES and disassembled to the level specified in paragraph B and part of the normal maintenance cycle, ■ 1. The authority citation for part 39 (b) The part has accumulated more than no additional part costs are involved. continues to read as follows: Based on these figures, we estimate the 100 cycles since the last piece-part inspection, provided that the part was not total cost of the AD to U.S. operators to Authority: 49 U.S.C. 106(g), 40113, 44701. damaged or related to the cause for its be $1,297,950. § 39.13 [Amended] removal from the engine. (3) The inspections specified in this Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by paragraph do not replace or make not Title 49 of the United States Code removing Amendment 39–14398 (70 FR necessary other recommended inspections specifies the FAA’s authority to issue 73361, December 12, 2005), and by for these parts or other parts. rules on aviation safety. Subtitle I, adding a new airworthiness directive, B. Parts Requiring Inspection: section 106, describes the authority of Amendment 39–16584, to read as Note: Piece-part is defined as any of the the FAA Administrator. Subtitle VII, follows: listed parts with all the blades removed.

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Description Section Inspection No.

Hub (Disk), 1st Stage Compressor: * Hub Detail—All P/Ns ...... 72–33–31 –03, –04, –05, –06 * Hub Assembly—All P/Ns ...... 72–33–31 –03, –04, –05, –06 2nd Stage Compressor: Disk—All P/Ns ...... 72–33–33 –02, –03 Disk Assembly—All P/Ns ...... 72–33–33 –02, –03 Disk, 13th Stage Compressor—All P/Ns ...... 72–36–47 –02 HP Turbine Disk, First Stage w/integral Shaft—All P/Ns ...... 72–52–04 –03 HP Turbine, First Stage, w/separable Shaft: Rotor Assembly—All P/Ns ...... 72–52–02 –04 Disk—All P/Ns ...... 72–52–02 –03 Disk, 2nd Stage Turbine—All P/Ns ...... 72–53–16 –02 * Disk, 3rd Stage Turbine—All P/Ns ...... 72–53–17 –02, –03 * Disk (Separable), 4th Stage Turbine—All P/Ns ...... 72–53–15 –02, –03 Disk (Integral Disk/Hub), 4th Stage Turbine—All P/Ns ...... 72–53–18 –02’’

(g) The parts that have an Engine Manual (l) These record keeping requirements and Minneapolis ARTCC. T-routes are Inspection Task and or Sub Task Number apply only to the records used to document low altitude Air Traffic Service routes, reference updated in the table of this AD are the mandatory inspections required as a based on RNAV, for use by aircraft that identified by an asterisk (*) that precedes the result of revising the TLS of the part nomenclature. manufacturer’s engine manual as specified in have instrument flight rules (IFR) (h) Except as provided in paragraph (i) of paragraph (f) of this AD. These record approved Global Positioning System this AD and, notwithstanding contrary keeping requirements do not alter or amend (GPS)/Global Navigation Satellite provisions in section 43.16 of the Federal the record keeping requirements for any System (GNSS) equipment. This action Aviation Regulations (14 CFR 43.16), these other AD or regulatory requirement. enhances safety and improves the mandatory inspections shall be performed efficient use of the navigable airspace only in accordance with the TLS of the Related Information within Denver and Minneapolis ARTCC manufacturer’s engine manual. (m) For more information about this AD, airspace. Alternative Methods of Compliance (AMOC) contact Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and DATES: (i) You must perform these mandatory Effective date 0901 UTC, May 5, Propeller Directorate, 12 New England 2011. The Director of the Federal inspections using the TLS of the Executive Park, Burlington, MA 01803; manufacturer’s engine manual unless you phone (781) 238–7178, fax (781) 238–7199; Register approves this incorporation by receive approval to use an AMOC under e-mail: [email protected]. reference action under 1 CFR part 51, paragraph (j) of this AD. Section 43.16 of the subject to the annual revision of FAA Federal Aviation Regulations (14 CFR 43.16) Issued in Burlington, Massachusetts, on Order 7400.9 and publication of may not be used to approve alternative January 24, 2011. conforming amendments. methods of compliance or adjustments to the Thomas A. Boudreau, times in which these inspections must be FOR FURTHER INFORMATION CONTACT: performed. Acting Assistant Manager, Engine and Colby Abbott, Airspace, Regulations and (j) The Manager, Engine Certification Propeller Directorate, Aircraft Certification Service. ATC Procedures Group, Office of Office, has the authority to approve Airspace Services, Federal Aviation alternative methods of compliance for this [FR Doc. 2011–1869 Filed 1–27–11; 8:45 am] Administration, 800 Independence AD if requested using the procedures found BILLING CODE 4910–13–P in 14 CFR 39.19. Avenue, SW., Washington, DC 20591; telephone: (202) 267–8783. Maintaining Records of the Mandatory Inspections DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: (k) You have met the requirements of this Federal Aviation Administration History AD when you revise the TLS of the manufacturer’s engine manual as specified in On August 5, 2010, the FAA paragraph (f) of this AD. For air carriers 14 CFR Part 71 operating under part 121 of the Federal published in the Federal Register a [Docket No. FAA–2010–0688; Airspace notice of proposed rulemaking (NPRM) Aviation Regulations (14 CFR part 121), you Docket No. 09–AGL–23] have met the requirements of this AD when to establish five low altitude RNAV you modify your continuous airworthiness RIN 2120–AA66 routes within Denver and Minneapolis maintenance plan to reflect those changes. ARTCC airspace (75 FR 47252). You do not need to record each piece-part Establishment of Low Altitude Area Previously, the pilot’s only options are inspection as compliance to this AD, but you Navigation Routes (T–281, T–283, to either fly Visual Flight Rules (VFR), must maintain records of those inspections T–285, T–286, and T–288); Nebraska VFR-On-Top, file a flight plan with an according to the regulations governing your and South Dakota operation. For air carriers operating under altitude high enough for air traffic part 121, you may use either the system AGENCY: Federal Aviation control to maintain radar surveillance established to comply with section 121.369 Administration (FAA), DOT. and communication frequency coverage, or an alternative accepted by your principal or fly many miles out of their way to use ACTION: Final rule. maintenance inspector if that alternative: established airways. Interested parties (1) Includes a method for preserving and SUMMARY: This action establishes five were invited to participate in this retrieving the records of the inspections low altitude Area Navigation (RNAV) rulemaking effort by submitting written resulting from this AD; and (2) Meets the requirements of section routes, designated T–281, T–283, T–285, comments on the proposal. One 121.369(c); and T–286, and T–288, over Nebraska and comment was received, from the (3) Maintains the records either South Dakota; controlled by Denver Air Aircraft Owners and Pilots Association, indefinitely or until the work is repeated. Route Traffic Control Center (ARTCC) supporting the proposal.

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The Rule Policies and Procedures (44 FR 11034; Order 1050.1E, ‘‘Environmental Impacts: The FAA is amending Title 14 Code February 26, 1979); and (3) does not Policies and Procedures,’’ paragraph of Federal Regulations (14 CFR) part 71 warrant preparation of a regulatory 311a. This airspace action is not to establish five low altitude RNAV evaluation as the anticipated impact is expected to cause any potentially routes within Denver and Minneapolis so minimal. Since this is a routine significant environmental impacts, and ARTCC airspace. This action establishes matter that will only affect air traffic no extraordinary circumstances exist five T-routes where none exist today procedures and air navigation, it is that warrant preparation of an and enables aircraft to navigate between certified that this rule, when environmental assessment. promulgated, will not have a significant the sites identified in the regulatory List of Subjects in 14 CFR Part 71 route descriptions. The routes, economic impact on a substantial designated as T–281, T–283, T–285, number of small entities under the Airspace, Incorporation by reference, T–286, and T–288, will be depicted on criteria of the Regulatory Flexibility Act. Navigation (air). the appropriate IFR En Route Low The FAA’s authority to issue rules The Amendment Altitude charts and will only be regarding aviation safety is found in In consideration of the foregoing, the available for use by GPS/GNSS Title 49 of the United States Code. Federal Aviation Administration equipped aircraft. This action enhances Subtitle I, section 106 describes the amends 14 CFR part 71 as follows: safety and facilitates the efficient use of authority of the FAA Administrator. Subtitle VII, Aviation Programs, navigable airspace for en route IFR PART 71—DESIGNATION OF CLASS A, describes in more detail the scope of the operations within Denver and B, C, D, AND E AIRSPACE AREAS; AIR agency’s authority. Minneapolis ARTCC airspace. TRAFFIC SERVICE ROUTES; AND Low altitude RNAV routes are This rulemaking is promulgated REPORTING POINTS published in paragraph 6011 of FAA under the authority described in subtitle Order 7400.9U dated August 18, 2010, VII, part A, subpart I, section 40103. ■ 1. The authority citation for part 71 and effective September 15, 2010, which Under that section, the FAA is charged continues to read as follows: is incorporated by reference in 14 CFR with prescribing regulations to assign the use of the airspace necessary to Authority: 49 U.S.C. 106(g), 40103, 40113, 71.1. The low altitude RNAV routes 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– listed in this document will be ensure the safety of aircraft and the 1963 Comp., p. 389. published subsequently in the Order. efficient use of airspace. This regulation The FAA has determined that this is within the scope of that authority as § 71.1 [Amended] regulation only involves an established it establishes low altitude RNAV routes ■ 2. The incorporation by reference in body of technical regulations for which (T-routes) over Nebraska and South 14 CFR 71.1 of FAA Order 7400.9U, frequent and routine amendments are Dakota. Airspace Designations and Reporting necessary to keep them operationally Environmental Review Points, signed August 18, 2010 and current. Therefore, this regulation: (1) Is effective September 15, 2010, is not a ‘‘significant regulatory action’’ The FAA has determined that this amended as follows: under Executive Order 12866; (2) is not action qualifies for categorical exclusion a ‘‘significant rule’’ under Department of under the National Environmental Paragraph 6011 Area Navigation Routes Transportation (DOT) Regulatory Policy Act in accordance with FAA * * * * *

T–281 YOZLE, NE to Pierre, SD [New] YOZLE, NE ...... Fix ...... (Lat. 41°01′33″ N., long. 99°39′06″ W.) BOKKI, NE ...... Fix ...... (Lat. 41°39′55″ N., long. 99°52′17″ W.) Ainsworth, NE (ANW) ...... VOR/DME ...... (Lat. 42°34′09″ N., long. 99°59′23″ W.) LKOTA, SD ...... WP ...... (Lat. 43°15′28″ N., long. 100°03′14″ W.) Pierre, SD (PIR) ...... VORTAC ...... (Lat. 44°23′40″ N., long. 100°09′46″ W.)

******* T–283 Scottsbluff, NE to Pierre, SD [New] Scottsbluff, NE (BFF) ...... VORTAC ...... (Lat. 41°53′39″ N., long. 103°28′55″ W.) Gordon, NE (GRN) ...... NDB ...... (Lat. 42°48′04″ N., long. 102°10′46″ W.) WNDED, SD ...... WP ...... (Lat. 43°19′14″ N., long. 101°32′19″ W.) Pierre, SD (PIR) ...... VORTAC ...... (Lat. 44°23′40″ N., long. 100°09′46″ W.)

******* T–285 North Platte, NE to Huron, SD [New] North Platte, NE (LBF) ...... VORTAC ...... (Lat. 41°02′55″ N., long. 100°44′50″ W.) Thedford, NE (TDD) ...... VOR/DME ...... (Lat. 41°58′54″ N., long. 100°43′09″ W.) MARSS, NE ...... Fix ...... (Lat. 42°27′49″ N., long. 100°36′15″ W.) Valentine, NE (VTN) ...... NDB ...... (Lat. 42°51′42″ N., long. 100°32′59″ W.) LKOTA, SD ...... WP ...... (Lat. 43°15′28″ N., long. 100°03′14″ W.) Winner, SD (ISD) ...... VOR ...... (Lat. 43°29′16″ N., long. 99°45′41″ W.) Huron, SD (HON) ...... VORTAC ...... (Lat. 44°26′24″ N., long. 98°18′40″ W.) T–286 Rapid City, SD to Grand Island, NE [New] Rapid City, SD (RAP) ...... VORTAC ...... (Lat. 43°58′34″ N., long. 103°00′44″ W.) Gordon, NE (GRN) ...... NDB ...... (Lat. 42°48′04″ N., long. 102°10′46″ W.) EFFEX, NE ...... WP ...... (Lat. 42°19′59″ N., long. 101°20′11″ W.) Thedford, NE (TDD) ...... VOR/DME ...... (Lat. 41°58′54″ N., long. 100°43′09″ W.) BOKKI, NE ...... Fix ...... (Lat. 41°39′55″ N., long. 99°52′17″ W.) Grand Island, NE (GRI) ...... VORTAC ...... (Lat. 40°59′03″ N., long. 98°18′53″ W.)

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******* T–288 Rapid City, SD to Wolback, NE [New] Rapid City, SD (RAP) ...... VORTAC ...... (Lat. 43°58′34″ N., long. 103°00′44″ W.) WNDED, SD ...... WP ...... (Lat. 43°19′14″ N., long. 101°32′19″ W.) Valentine, NE (VTN) ...... NDB ...... (Lat. 42°51′42″ N., long. 100°32′59″ W.) Ainsworth, NE (ANW) ...... VOR/DME ...... (Lat. 42°34′09″ N., long. 99°59′23″ W.) FESNT, NE ...... WP ...... (Lat. 42°03′57″ N., long. 99°17′18″ W.) Wolbach, NE (OBH) ...... VORTAC ...... (Lat. 41°22′33″ N., long. 98°21′13″ W.)

Initiative by publishing rulemaking not the failure constituted fraud. The Issued in Washington, DC, on January 20, information on http:// 2010 Act also eliminated the ten-year 2011. www.regulations.gov. Regulations.gov time limitation on collection, the Edith V. Parish, offers the public the ability to comment requirement that the debtor reside in the Manager, Airspace, Regulations and ATC on, search, and view publicly available State seeking to collect the debt, and the Procedures Group. rulemaking materials, including requirement to use certified mail with [FR Doc. 2011–1800 Filed 1–27–11; 8:45 am] comments received on rules. Comments return receipt for pre-offset notices. BILLING CODE 4910–13–P on this rule should be submitted using This rule governs the offset of one only the following methods: type of payment (i.e., Federal tax Federal eRulemaking Portal: http:// refunds) to pay one type of delinquent DEPARTMENT OF THE TREASURY www.regulations.gov. Follow the debt (i.e., past-due, legally enforceable instructions on the Web site for State unemployment debts). FMS has Fiscal Service submitting comments. promulgated separate rules and Mail: Thomas Dungan, Senior Policy procedures governing other types of 31 CFR Part 285 Analyst, U.S. Department of the offset, such as tax refund offset to RIN 1510–AB29 Treasury, Financial Management collect nontax debt owed to the United Service, 401 14th St., SW., Washington, States (see section 285.2 of this title). Offset of Tax Refund Payments To DC 20227. The Treasury Offset Program. FMS Collect Delinquent State All submissions received must operates TOP to carry out offsets under Unemployment Compensation Debts include the agency name (‘‘Fiscal the Internal Revenue Code and other Service’’) and the title of this laws. TOP is a centralized offset AGENCY: Financial Management Service, rulemaking. In general, comments program by which FMS offsets Fiscal Service, Treasury. received will be published on payments to collect delinquent debts ACTION: Interim rule with request for Regulations.gov without change, owed to Federal agencies and States. comments. including any business or personal TOP currently works as follows. FMS information provided. Comments maintains a database containing SUMMARY: This rule implements the received, including attachments and information about delinquent debts authority added by the SSI Extension for other supporting materials, are part of submitted and updated by Federal and Elderly and Disabled Refugees Act of the public record and subject to public State agencies. Before Federal payments, 2008 (‘‘2008 Act’’), as amended by the disclosure. Do not enclose any including Federal tax refund payments, Claims Resolution Act of 2010 (2010 information in your comment or are disbursed to a payee, FMS compares Act’’) to offset overpayments of Federal supporting materials that you consider the payee information with debt taxes (referred to as ‘‘tax refund offset’’) confidential or inappropriate for public information in the TOP delinquent debt to collect delinquent State disclosure. database. If the name and taxpayer unemployment compensation debts. FOR FURTHER INFORMATION CONTACT: identifying number (TIN) associated The Department of the Treasury Thomas Dungan, Senior Policy Analyst, with a payment match the name (or (Treasury) will incorporate the at (202)874–6660, or Tricia Long, Senior derivative of the name) and TIN procedures necessary to collect State Counsel, at (202) 874–6680. associated with a debt, the payment is unemployment compensation debts as offset in whole or part to satisfy the part of the Treasury Offset Program SUPPLEMENTARY INFORMATION: debt. FMS transmits amounts collected (TOP), a centralized offset program I. Background to the appropriate agencies or States operated by the Financial Management General. The Internal Revenue Code owed the delinquent debts after Service (FMS), a Treasury bureau. FMS authorizes the Secretary of the Treasury deducting a fee charged to cover the cost has promulgated a rule governing the to offset Federal tax refund payments to of the offset program. Information about offset of federal tax refunds to collect satisfy debts owed to the United States, a delinquent debt or past-due, legally delinquent State income tax obligations. past-due support collected by States, enforceable debt will remain in the This rule amends FMS regulations to and income tax debts owed to States. debtor database for offset as long as the include unemployment compensation The 2008 Act amended section 6402 of debt remains past due and legally debts among the types of State debts the Internal Revenue Code to authorize collectible by offset. that may be collected by tax refund tax refund offset to collect an additional Offset of Tax Refund Payments To offset. This rule does not affect any of type of debt unemployment Collect Debts Owed to States Through the requirements or procedures for compensation debts owed to the States the Treasury Offset Program. TOP will collecting delinquent State income tax which were incurred as a result of fraud, be expanded to include the collection of obligations. and which were not outstanding for past-due, legally enforceable State DATES: This rule is effective January 28, more than ten years. The 2010 Act unemployment compensation debts. As 2011. Comments must be received by expanded that authority to include all is done by States for State income tax March 29, 2011. unemployment compensation debts debts, before submitting a debt to the ADDRESSES: Treasury participates in the incurred as a result of the debtor’s database, States will certify to FMS that U.S. government’s eRulemaking failure to report earnings, whether or the debt is past due, legally enforceable

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and that all due process prerequisites requirements of the rule are clear; or (3) 3720A, 37203, 3720D; 42 U.S.C. 664; E.O. have been met. whether there is something else we 13019, 61 FR 51763, 3 CFR, 1996 Comp., P. This rule establishes procedures for could do to make this rule easier to 216. such collection, and amends section understand. ■ 2. Amend § 285.8 as follows: 285.8, which governs tax refund offset ■ a. Revise the section heading. Regulatory Analysis Planning and to collect State income tax obligations, ■ b. In paragraph (a), revise the Review because the two types of offset are definition of ‘‘Debt’’, revise the similar. This interim rule is not a significant definition of ‘‘Debtor’’, and add a regulatory action as defined in definition of ‘‘Unemployment II. Procedural Analyses Executive Order 12866. Because no compensation debt’’ in alphabetical Administrative Procedure Act notice of proposed rulemaking is order. required for this rule, the provisions of ■ c. Revise paragraph (b). FMS is promulgating this interim rule the Regulatory Flexibility Act (5 U.S.C. ■ d. In paragraph (c), revise the heading, without opportunity for prior public 601 et seq.) do not apply. paragraphs (c)(1), (c)(3)(i), and (c)(3)(ii). comment pursuant to the ■ e. In paragraph (d)(2), remove the Administrative Procedure Act, 5 U.S.C. Federalism words ‘‘6402(a), (c), (d) and (e)’’ 553 (the ‘‘APA’’), because FMS has This rule has been reviewed under wherever they appear, and add, in their determined, for the following reasons, Executive Order 13132, Federalism. place, ‘‘6402(a), (c), (d), (e) and (f)’’. that a comment period would be This rule will not have substantial ■ f. In paragraph (i), revise the first unnecessary and contrary to the public direct effects on States, on the sentence. interest. The authority to offset tax relationship between the national ■ g. In paragraph (j), remove the word refund payments to collect delinquent government and the States, or on ‘‘6402(e)’’ and add, in its place, ‘‘6402(e) State unemployment debt incurred as a distribution of power and or (f)’’ wherever it occurs. result of fraud was effective on responsibilities among the various ■ h. Remove paragraph (k). September 30, 2008, and the authority levels of government. Participation in ■ i. In paragraphs (c)(4), (e)(1)(i), and (f), to collect unemployment compensation the program governed by this rule is remove the words ‘‘State income tax debts not resulting from fraud was voluntary for the States; this rule only obligation’’ and add, in their place, effective December 8, 2010. A comment sets forth the general procedures for ‘‘State income tax obligation or period is unnecessary because this State participation. States already unemployment compensation debt’’ interim rule is not required in order to participate in offset of tax refunds to wherever they occur. exercise this authority and does not collect delinquent State income tax ■ j. In paragraphs (e)(3), (e)(4), and (h), change the ongoing TOP offset process. obligations pursuant to 31 CFR 285.8. remove the words ‘‘State income tax It only provides guidance for State This rule merely updates the regulations obligations’’ and add, in their place, agencies and Federal disbursing officials to reflect the statutory change ‘‘State income tax obligations or to facilitate the addition of State authorizing States to submit additional unemployment compensation debts’’ unemployment debts into TOP. Under debts to TOP for collection by tax wherever they occur. this interim rule, State agencies are refund offset. Therefore, in accordance The revision and additions read as required to provide to the debtor the with Executive Order 13132, it is follows: same pre offset notice, opportunities, determined that this rule does not have and rights to dispute the debt and seek § 285.8 Offset of tax refund payments to sufficient federalism implications to collect certain debts owed to States. waiver as currently required by 26 warrant the preparation of a federalism U.S.C. 6402. Since this interim rule summary impact statement. (a) * * * provides important guidance ensuring Debt means past-due, legally that debtors receive appropriate notices List of Subjects in 31 CFR Part 285 enforceable State income tax obligation and opportunities from States that elect Administrative practice and or unemployment compensation debt to participate, FMS believes that it is in procedure, Black lung benefits, Child unless otherwise indicated. the public interest to issue this interim support, Claims, Credit, Debts, Debtor means a person who owes a rule without delaying the effective date Disability benefits, Federal employees, debt. to wait for prior public comment. Garnishment of wages, Hearing and * * * * * For the same reasons, FMS has appeal procedures, Loan programs, Unemployment compensation debt determined that good cause exists to Privacy, Railroad retirement, Railroad has the same meaning as the term make this interim rule effective upon unemployment insurance, Salaries, ‘‘covered unemployment debt’’ as publication without providing the Social Security benefits, Supplemental defined in 26 U.S.C. 6402(f)(4), and 30-day period between publication and Security Income (SSI), Taxes, means the effective date contemplated by 5 Unemployment compensation, (1) A past-due debt for erroneous U.S.C. 553(d)(3). The public is invited to Veterans’ benefits, Wages. payment of unemployment submit comments on the interim rule, For the reasons set forth in the compensation due to fraud or the which will be taken into account before preamble, 31 CFR Part 285 is amended person’s failure to report earnings which a final rule is issued. as follows: has become final under the law of a State certified by the Secretary of Labor Request for Comment on Plain Language PART 285—DEBT COLLECTION pursuant to 26 U.S.C. 3304 and which Executive Order 12866 requires each AUTHORITIES UNDER THE DEBT remains uncollected; agency in the executive branch to write COLLECTION IMPROVEMENT ACT OF (2) Contributions due to the regulations that are simple and easy to 1996 unemployment fund of a State for which understand. We invite comment on how the State has determined the person to to make the proposed rule clearer. For ■ 1. The authority citation for part 285 be liable and which remain uncollected; example, you may wish to discuss: (1) continues to read as follows: and Whether we have organized the material Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; (3) Any penalties and interest to suit your needs; (2) whether the 31 U.S.C. 321, 3701, 3711, 3716, 3719, assessed on such debt.

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(b) General rule. (1) FMS will offset debtor that the State intends to refer the SUMMARY: The Department of the tax refunds to collect debt under this debt for collection by tax refund offset. Treasury’s Office of Foreign Assets section in accordance with 26 U.S.C. The notice must give the debtor at least Control (‘‘OFAC’’) is amending the 6402(e) and (f) and this section. 60 days to present evidence, in Cuban Assets Control Regulations to (2) FMS will compare tax refund accordance with procedures established continue efforts to reach out to the payment records, as certified by the IRS, by the State, that all or part of the debt Cuban people in support of their desire with records of debts submitted to FMS. is not past due or not legally to freely determine their country’s A match will occur when the taxpayer enforceable, or, in the case of a covered future. These amendments implement identifying number (as that term is used unemployment compensation debt, the policy changes announced by the in 26 U.S.C. 6109) and name on a debt is not due to fraud or the debtor’s President on January 14, 2011, designed payment certification record are the failure to report earnings. In the case of to increase people-to-people contact, same as the taxpayer identifying number a State income tax obligation, the notice support civil society in Cuba, enhance and name (or derivative of the name) on must be sent certified mail, return the free flow of information to, from, a delinquent debt record. When a match receipt requested. and among the Cuban people, and help occurs and all other requirements for tax (ii) Determination. The State must, in promote their independence from refund offset have been met, FMS will accordance with procedures established Cuban authorities. To implement these reduce the amount of any tax refund by the State, consider any evidence policy changes, OFAC is taking steps payment payable to a debtor by the presented by a debtor in response to the that build upon the President’s April amount of any past-due, legally notice described in paragraph (c)(3)(i) of 2009 initiative to, among other things, enforceable State income tax obligation this section and determine whether an allow for greater licensing of travel to or unemployment compensation debt amount of such debt is past due and Cuba for educational, cultural, religious, owed by the debtor. Any amounts not legally enforceable and, in the case of a and journalistic activities and expand offset will be paid to the payee(s) listed covered unemployment compensation licensing of remittances to Cuba. These in the payment certification record. debt, the debt is due to fraud or the amendments also modify regulations (3) FMS will only offset a tax refund debtor’s failure to report earnings. With regarding authorization of transactions payment for a State income tax respect to State income tax obligations with Cuban national individuals who obligation if the address shown on the only, where the debtor claims that he or have taken up permanent residence Federal tax return for the taxable year of she is immune from State taxation by outside of Cuba, as well as implement the overpayment is an address within reason of being an enrolled member of certain technical and conforming the State seeking the offset. an Indian tribe who lives on a changes. (c) Notification of past-due, legally reservation and derives all of his or her DATES: Effective Date: January 28, 2011. enforceable State income tax obligations income from that reservation, State or unemployment compensation debts. procedures shall include de novo FOR FURTHER INFORMATION CONTACT: (1) Notification. States shall notify FMS review on the merits, unless such claims Assistant Director for Compliance, of debts in the manner and format have been previously adjudicated by a Outreach & Implementation, tel.: 202– prescribed by FMS. The notification of court of competent jurisdiction. States 622–2490, Assistant Director for liability must be accompanied by a shall, upon request from the Secretary of Licensing, tel.: 202–622–2480; Assistant certification that the debt is past due the Treasury, make such procedures Director for Policy, tel.: 202–622–4855, and legally enforceable and that the available to the Secretary of the or Chief Counsel (Foreign Assets State has complied with the Treasury for review. Control), tel.: 202–622–2410 (not toll free numbers). requirements contained in paragraph * * * * * (c)(3) of this section and with all Federal (i) * * * In accordance with 26 U.S.C. SUPPLEMENTARY INFORMATION: or State requirements applicable to the 6402(g), any reduction of a taxpayer’s collection of debts under this section. Electronic and Facsimile Availability refund made pursuant to 26 U.S.C. With respect to State income tax 6402(e) or (f) shall not be subject to This document and additional obligations only, the certification must review by any court of the United States information concerning OFAC are specifically state that none of the debts or by the Secretary of the Treasury, FMS available from OFAC’s Web site submitted for collection by offset are or IRS in an administrative proceeding. (http://www.treasury.gov/ofac). Certain debts owed by an individual who has *** general information pertaining to claimed immunity from State taxation OFAC’s sanctions programs also is by reason of being an enrolled member Dated: January 20, 2011. available via facsimile through a 24- of an Indian tribe who lives on a Richard L. Gregg, hour fax-on-demand service, tel.: 202/ reservation and derives all of his or her Fiscal Assistant Secretary. 622–0077. income from that reservation unless [FR Doc. 2011–1697 Filed 1–27–11; 8:45 am] Background such claim has been adjudicated de BILLING CODE 4810–35–M novo on its merits in accordance with The U.S. Government issued the paragraph (c)(3). FMS may reject a Cuban Assets Control Regulations, 31 notification that does not comply with DEPARTMENT OF THE TREASURY CFR part 515 (the ‘‘Regulations’’), on the requirements of this section. Upon July 8, 1963, under the Trading With the notification of the rejection and the Office of Foreign Assets Control Enemy Act (50 U.S.C. App. 5 et seq.). reason for rejection, the State may On September 3, 2009, OFAC amended resubmit a corrected notification. 31 CFR Part 515 the Regulations to implement measures * * * * * Cuban Assets Control Regulations announced by the President in April (3)(i) Advance notification to the 2009 to promote democracy and human debtor of the State’s intent to collect by AGENCY: Office of Foreign Assets rights in Cuba by easing travel Federal tax refund offset. The State is Control, Treasury. restrictions to facilitate greater contact required to provide a written between separated family members in ACTION: Final rule. notification to the debtor informing the the United States and Cuba and by

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increasing the flow of remittances and general license contained in revised that any clinics or workshops in Cuba information to the Cuban people. paragraph (a). New paragraph (b)(3) must be organized and run, at least in OFAC is now amending the allows accredited U.S. graduate or part, by the licensee. Paragraph (b) of Regulations to implement certain policy undergraduate degree-granting academic section 515.563 is amended to increase changes announced by the President on institutions, by specific license, to the scope of the statement of specific January 14, 2011, to continue efforts to sponsor or co-sponsor academic licensing policy for journalistic reach out to the Cuban people in seminars, conferences, and workshops activities in Cuba to include free-lance support of their desire to freely related to Cuba or global issues journalistic projects other than determine their country’s future. These involving Cuba, and it allows faculty, ‘‘articles.’’ amendments allow for greater licensing staff, and students of such institutions Remittances. OFAC also is amending of travel to Cuba for educational, to attend those events. A new note to section 515.570 to implement several cultural, religious, and journalistic section 515.565 explains that U.S. policy changes regarding remittances to activities and expand licensing of academic institutions may open Cuba. New paragraph (b) contains a remittances to Cuba. These amendments accounts at Cuban financial institutions general license authorizing persons also modify regulations regarding for the purpose of accessing funds in subject to U.S. jurisdiction to remit up authorization of transactions with Cuba for transactions authorized to $500 per quarter to any Cuban Cuban national individuals who have pursuant to that section. Nothing in national, except prohibited officials of taken up permanent residence outside these amendments authorizes U.S. the Government of Cuba or prohibited of Cuba, as well as implement certain financial institutions to open or use members of the Cuban Communist technical and conforming changes. direct correspondent accounts of their Party, to support the development of Travel to Cuba for educational own at Cuban financial institutions. private businesses, among other activities. Section 515.565 is amended People-to-people exchanges. OFAC purposes. A second general license has to implement policy changes for travel- also is adding new paragraph (b)(2) to been added in new paragraph (c), related transactions incident to section 515.565 to restore a statement of authorizing unlimited remittances to educational activities. A new general specific licensing policy for ‘‘people-to- religious organizations in Cuba in license authorizing accredited U.S. people’’ exchanges. This travel category support of religious activities. Prior to graduate and undergraduate degree- provides for specific licenses this amendment, remittances to granting academic institutions to engage authorizing educational exchanges not religious organizations in Cuba were in Cuba travel-related transactions involving academic study pursuant to a authorized by specific license. New incident to certain educational activities degree program when those exchanges paragraph (d) contains a third new replaces the former statement of specific take place under the auspices of an general license, authorizing remittances licensing policy in paragraph (a) of organization that sponsors and to close relatives who are students in section 515.565. Specific licenses issued organizes such programs to promote Cuba pursuant to an educational license pursuant to former paragraph (a) were people-to-people contact. for the purpose of funding transactions limited to one year in duration and Travel to Cuba for religious activities. authorized by the license under which covered only ‘‘full-time permanent’’ Section 515.566 is amended to the student is traveling. Former employees of, and students enrolled implement policy changes for travel- paragraphs (b), (c), and (d) have been ‘‘at,’’ a particular licensed institution. related transactions incident to religious redesignated as paragraphs (e), (f), and The new general license authorizes activities. A new general license (g), respectively. Newly redesignated transactions incident to the educational authorizing religious organizations paragraph (g)(1) of section 515.570 has activities described in paragraph (a) of located in the United States to engage in been revised to clarify that specific section 515.565 by all members of the Cuba travel-related transactions incident licenses may be issued to authorize faculty and staff (including but not to religious activities replaces the remittances to individuals or limited to adjunct faculty and part-time former statement of specific licensing independent non-governmental entities staff) of a sponsoring U.S. academic policy in paragraph (a) of section to support the development of private institution. The new general license also 515.566. Revised paragraph (b) provides businesses, including small farms. authorizes students to participate in that specific licenses may be issued to Certain transactions with Cuban academic activities in Cuba through any authorize travel-related transactions nationals who have taken up permanent sponsoring U.S. academic institution, incident to religious activities that are residence outside of Cuba. Section not only through the accredited U.S. not authorized by the new general 515.505, including its heading, is academic institution at which the license contained in revised paragraph revised to add a general license in new student is pursuing a degree. The (a). A new note to section 515.566 paragraph (d) authorizing certain requirement that participation in a explains that religious organizations transactions with individual nationals structured educational program in Cuba may open accounts at Cuban financial of Cuba who have taken up permanent or participation in a formal course of institutions for the purpose of accessing residence outside of Cuba (former study at a Cuban academic institution funds in Cuba for transactions paragraphs (d) and (e) have been be no shorter than 10 weeks in duration authorized pursuant to that section. redesignated as paragraphs (e) and (f), is removed, and the new general license Nothing in these amendments respectively). Persons subject to U.S. instead requires that the study in Cuba authorizes U.S. financial institutions to jurisdiction may engage in transactions be accepted for credit toward the open or use direct correspondent with such individuals, prospectively, as student’s degree. accounts of their own at Cuban financial if they were unblocked Cuban nationals Revised paragraph (b) of section institutions. as defined in section 515.307 of this 515.565 sets forth specific licensing Other travel to Cuba. Section 515.567, part. All property in which such Cuban policies. Paragraph (b)(1) provides that including its heading, is revised to nationals have an interest that was specific licenses may be issued to restore a statement of specific licensing blocked pursuant to this part prior to authorize travel-related transactions policy for travel-related transactions the later of the date on which the incident to an individual’s educational incident to participation in clinics or individual took up permanent residence activities of certain types described in workshops. New paragraph (b)(3) of outside of Cuba or January 28, 2011, but that are not authorized by the new section 515.567 includes a condition however, remains blocked. To

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determine whether an individual Cuban p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 individual copies of at least two national has taken up permanent Comp., p. 614. documents indicating permanent residence outside of Cuba, persons residence issued by the government Subpart E—Licenses, Authorizations, subject to U.S. jurisdiction are required authorities of the new country of and Statements of Licensing Policy to collect copies of at least two permanent residence, such as a documents issued to the individual by ■ 2. Amend § 515.505 by revising the passport, voter registration card, the government authorities of the new section heading and paragraph (b), by permanent resident alien card, or country of permanent residence. An redesignating paragraphs (d) and (e) as national identity card. example illustrating the application of paragraphs (e) and (f), respectively, by * * * * * this general license is found in new adding new paragraph (d), and by (f) * * * paragraph (f)(4). adding new paragraph (f)(4) to read as (4) Example 4: An individual national Public Participation follows: of Cuba who has taken up permanent residence outside of Cuba wishes to Because the amendments of the § 515.505 Certain Cuban nationals open a bank account at a branch of a Regulations involve a foreign affairs unblocked; transactions of certain other Cuban nationals lawfully present in the U.S. bank in Spain and then withdraw function, Executive Order 12866 and the a portion of her previously blocked provisions of the Administrative United States; transactions with Cuban nationals who have taken up permanent funds held by the same U.S. bank’s New Procedure Act (5 U.S.C. 553) requiring residence outside of Cuba. York branch. The individual provides notice of proposed rulemaking, the Spanish branch with a copy of her opportunity for public participation, * * * * * (b) Specific licenses unblocking third-country passport and voter and delay in effective date are certain individuals who have taken up registration card demonstrating her inapplicable. Because no notice of permanent residence outside of Cuba. permanent residence status in the third proposed rulemaking is required for this Individual nationals of Cuba who have country. The Spanish branch may open rule, the Regulatory Flexibility Act (5 taken up permanent residence outside an account for the individual and U.S.C. 601–612) does not apply. of Cuba may apply to the Office of provide her with banking services. The Paperwork Reduction Act Foreign Assets Control to be specifically New York branch may also handle any The collections of information related licensed as unblocked nationals. transactions related to this new account to the Regulations are contained in 31 Applications for specific licenses under processed through the United States but CFR part 501 (the ‘‘Reporting, this paragraph should include copies of may not unblock her funds that had Procedures and Penalties Regulations’’). at least two documents indicating been blocked prior to the later of the Pursuant to the Paperwork Reduction permanent residence issued by the date on which the individual took up Act of 1995 (44 U.S.C. 3507), those government authorities of the new permanent residence outside of Cuba or collections of information have been country of permanent residence, such as January 28, 2011. Those funds remain approved by the Office of Management a passport, voter registration card, blocked unless and until the individual and Budget under control number 1505– permanent resident alien card, or is licensed as an unblocked national 0164. An agency may not conduct or national identity card. In cases where pursuant to paragraph (a) or (b) of this sponsor, and a person is not required to two of such documents are not section or the funds are otherwise respond to, a collection of information available, other information will be unblocked by a separate Office of unless the collection of information considered, such as evidence that the Foreign Assets Control authorization. individual has been resident for the past displays a valid control number. * * * * * two years without interruption in a ■ 3. Amend § 515.560 by revising List of Subjects in 31 CFR Part 515 single country outside of Cuba or paragraphs (a)(5) through (7), (c)(4)(i) Administrative practice and evidence that the individual does not and (ii), and (f) and by adding new procedure, Banking, Blocking of assets, intend to, or would not be welcome to, paragraph (d)(3) to read as follows: Cuba, Remittances, Reporting and return to Cuba. recordkeeping requirements, Travel * * * * * § 515.560 Travel-related transactions to, restrictions. (d) General license authorizing certain from, and within Cuba by persons subject to U.S. jurisdiction. For the reasons set forth in the transactions with individuals who have preamble, the Department of the taken up permanent residence outside (a) * * * Treasury’s Office of Foreign Assets of Cuba. Persons subject to U.S. (5) Educational activities (general and Control amends 31 CFR part 515 as set jurisdiction are authorized to engage in specific licenses) (see § 515.565); forth below: any transaction with an individual (6) Religious activities (general and national of Cuba who has taken up specific licenses) (see § 515.566); PART 515—CUBAN ASSETS permanent residence outside of Cuba as (7) Public performances, clinics, CONTROL REGULATIONS if the individual national of Cuba were workshops, athletic and other an unblocked national, as defined in competitions, and exhibitions (specific ■ 1. The authority citation for part 515 § 515.307 of this part, except that all licenses) (see § 515.567); is revised to read as follows: property in which the individual * * * * * Authority: 18 U.S.C. 2332d; 22 U.S.C. national of Cuba has an interest that was (c) * * * 2370(a), 6001–6010, 7201–7211; 31 U.S.C. blocked pursuant to this part prior to (4) * * * 321(b); 50 U.S.C. App 1–44; Pub. L. 101–410, the later of the date on which the (i) The total of all remittances 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. individual took up permanent residence authorized by § 515.570(a) through (d) 104–114, 110 Stat. 785 (22 U.S.C. 6021– outside of Cuba or January 28, 2011 does not exceed $3,000; and 6091); Pub. L. 105–277, 112 Stat. 2681; Pub. shall remain blocked. In determining (ii) No emigration remittances L. 111–8, 123 Stat. 524; Pub. L. 111–117, 123 Stat. 3034; E.O. 9193, 7 FR 5205, 3 CFR, whether an individual national of Cuba authorized by § 515.570(e) are carried to 1938–1943 Comp., p. 1174; E.O. 9989, 13 FR has taken up permanent residence Cuba unless a U.S. immigration visa has 4891, 3 CFR, 1943–1948 Comp., p. 748; Proc. outside of Cuba, persons subject to U.S. been issued for each payee and the 3447, 27 FR 1085, 3 CFR, 1959–1963 Comp., jurisdiction must obtain from the licensed traveler can produce the visa

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recipients’ full names, dates of birth, sponsoring U.S. academic institution, Cuban scholar returning to Cuba as visa numbers, and visa dates of stating that the Cuba-related travel is provided in § 515.560(d)(3); or issuance. part of a structured educational program (6) The organization of, and * * * * * of the sponsoring U.S. academic preparation for, activities described in (d) * * * institution, and stating that the paragraphs (a)(1) through (a)(5) of this (3) Compensation earned by a Cuban individual is a member of the faculty or section by members of the faculty and national from a U.S. academic staff of that institution or is a student staff of the sponsoring U.S. academic institution up to any amount that can be currently enrolled in a graduate or institution. An individual engaging in substantiated through payment receipts undergraduate degree program at an such transactions must carry a letter on from such institution as authorized accredited U.S. academic institution official letterhead, signed by a pursuant to § 515.565(a)(5). and that the study in Cuba will be designated representative of the * * * * * accepted for credit toward that degree; sponsoring U.S. academic institution, (f) Nothing in this section authorizes (2) Noncommercial academic research stating that the individual is a member transactions in connection with tourist in Cuba specifically related to Cuba and of the faculty or staff of that institution, travel to Cuba. for the purpose of obtaining a graduate and is traveling to engage in the degree. A student traveling to engage in transactions authorized by this ■ 4. Amend § 515.563 by revising such transactions must carry a letter on paragraph on behalf of that institution. paragraph (b) to read as follows: official letterhead, signed by a Note 1 to paragraph (a): U.S. academic § 515.563 Journalistic activities in Cuba. designated representative of the institutions and individual travelers must * * * * * sponsoring U.S. academic institution, retain records related to the travel (b) Specific licenses. (1) Specific stating that the individual is a student transactions authorized pursuant to this licenses may be issued on a case-by-case currently enrolled in a graduate degree paragraph. See §§ 501.601 and 501.602 of this basis authorizing the travel-related program at an accredited U.S. academic chapter for applicable recordkeeping and reporting requirements. Exportation of transactions set forth in § 515.560(c) and institution, and stating that the research in Cuba will be accepted for credit equipment and other items, including the other transactions that are directly transfer of technology or software to foreign incident to journalistic activities in toward that degree; persons (‘‘deemed exportation’’), may require Cuba for a free-lance journalistic project (3) Participation in a formal course of separate authorization from the Department upon submission of an adequate written study at a Cuban academic institution, of Commerce. application including the following provided the formal course of study in documentation: Cuba will be accepted for credit toward Note 2 to paragraph (a): This paragraph (i) A detailed itinerary and a detailed the student’s graduate or undergraduate authorizes all members of the faculty and staff (including but not limited to adjunct description of the proposed journalistic degree. An individual traveling to engage in such transactions must carry faculty and part-time staff) of the sponsoring activities; and U.S. academic institution to participate in the (ii) A resume or similar document a letter on official letterhead, signed by activities described in this paragraph. A showing a record of journalism. a designated representative of the student currently enrolled in a graduate or (2) To qualify for a specific license sponsoring U.S. academic institution, undergraduate degree program at any pursuant to this section, the itinerary in stating that the individual is a student accredited U.S. academic institution is Cuba for a free-lance journalistic project currently enrolled in a graduate or authorized pursuant to this paragraph to must demonstrate that the journalistic undergraduate degree program at an participate in the academic activities in Cuba activities constitute a full work schedule accredited U.S. academic institution described above through any sponsoring U.S. academic institution, not only through the that could not be accomplished in a and that the study in Cuba will be accepted for credit toward that degree; institution at which the student is pursuing shorter period of time. a degree. (3) Specific licenses may be issued (4) Teaching at a Cuban academic pursuant to this section authorizing institution by an individual regularly (b) Specific licenses. Specific licenses transactions for multiple trips to Cuba employed in a teaching capacity at the may be issued on a case-by-case basis over an extended period of time by sponsoring U.S. academic institution, authorizing the travel-related applicants demonstrating a significant provided the teaching activities are transactions set forth in § 515.560(c) and record of journalism. related to an academic program at the other transactions directly incident to: ■ 5. Revise § 515.565 to read as follows: Cuban institution and provided that the (1) An individual’s educational duration of the teaching will be no activities of the types described in § 515.565 Educational activities. shorter than 10 weeks. An individual paragraphs (a)(2) through (a)(4) of this (a) General license. Accredited U.S. traveling to engage in such transactions section but not authorized by the graduate and undergraduate degree- must carry a letter on official letterhead, general license contained in paragraph granting academic institutions, signed by a designated representative of (a) of this section; including faculty, staff, and students of the sponsoring U.S. academic (2) Educational exchanges not such institutions, are authorized to institution, stating that the individual is involving academic study pursuant to a engage in the travel-related transactions regularly employed in a teaching degree program when those exchanges set forth in § 515.560(c) and such capacity at that institution; take place under the auspices of an additional transactions that are directly (5) Sponsorship, including the organization that sponsors and incident to: payment of a stipend or salary, of a organizes such programs to promote (1) Participation in a structured Cuban scholar to teach or engage in people-to-people contact; or educational program in Cuba as part of other scholarly activity at the (3) Sponsorship or co-sponsorship by a course offered for credit by the sponsoring U.S. academic institution (in an accredited U.S. graduate or sponsoring U.S. academic institution. addition to those transactions undergraduate degree-granting academic An individual traveling to engage in authorized by the general license institution of academic seminars, such transactions must carry a letter on contained in § 515.571). Such earnings conferences, and workshops related to official letterhead, signed by a may be remitted to Cuba as provided in Cuba or global issues involving Cuba designated representative of the § 515.570 or carried on the person of the and attendance at such events by

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faculty, staff, and students of the (b) Specific licenses. Specific licenses ■ 8. Revise § 515.570 to read as follows: licensed institution. may be issued on a case-by-case basis § 515.570 Remittances. (c) Transactions related to activities authorizing the travel-related (a) Family remittances authorized. that are primarily tourist-oriented, transactions set forth in § 515.560(c) and Persons subject to the jurisdiction of the including self-directed educational other transactions that are directly United States who are 18 years of age or activities that are intended only for incident to religious activities not older are authorized to make personal enrichment, will not be authorized by the general license remittances to nationals of Cuba who authorized pursuant to this section. contained in paragraph (a) of this section. The application for the specific are close relatives, as defined in (d) For the purposes of this section, license must set forth examples of § 515.339 of this part, of the remitter, the term designated representative of religious activities to be undertaken in provided that: the sponsoring U.S. academic Cuba. Specific licenses may be issued (1) The remittances are not made from institution means a person designated pursuant to this section authorizing a blocked source. Certain remittances by the relevant dean or the academic transactions for multiple trips over an from blocked accounts are authorized vice-president, provost, or president of extended period of time to engage in a pursuant to paragraph (f) of this section; the institution as the official responsible full-time program of religious activities (2) The recipient is not a prohibited for overseeing the institution’s Cuba in Cuba. official of the Government of Cuba, as travel program. (c) For the purposes of this section, defined in § 515.337 of this part, or a Note to § 515.565: Accredited U.S. the term designated representative of prohibited member of the Cuban academic institutions engaging in activities the U.S. religious organization means a Communist Party, as defined in authorized pursuant to this section are person designated as the official § 515.338 of this part; and permitted to open and maintain accounts at responsible for overseeing the (3) The remittances are not made for Cuban financial institutions for the purpose organization’s Cuba travel program. emigration-related purposes. of accessing funds in Cuba for transactions Remittances for emigration-related authorized pursuant to this section. Note to § 515.566: Religious organizations engaging in activities authorized pursuant to purposes are addressed by paragraph (e) of this section. ■ 6. Revise § 515.566 to read as follows: this section are permitted to open and maintain accounts at Cuban financial (b) Periodic $500 remittances § 515.566 Religious activities in Cuba. institutions for the purpose of accessing authorized. Persons subject to the funds in Cuba for transactions authorized jurisdiction of the United States are (a) General license. Religious pursuant to this section. authorized to make remittances to organizations located in the United ■ 7. Amend § 515.567 by revising the Cuban nationals, including, but not States, including members and staff of limited to, remittances to support the such organizations, are authorized to section heading and paragraph (b) to read as follows: development of private businesses, engage in the travel-related transactions provided that: set forth in § 515.560(c) and such § 515.567 Public performances, clinics, (1) The remitter’s total remittances additional transactions as are directly workshops, athletic and other competitions, pursuant to paragraph (b) of this section incident to religious activities in Cuba and exhibitions. to any one Cuban national do not under the auspices of the organization. * * * * * exceed $500 in any consecutive three- Travel-related transactions pursuant to (b) Public performances, clinics, month period; this authorization must be for the workshops, other athletic or non-athletic (2) The remittances are not made from purpose of engaging, while in Cuba, in competitions, and exhibitions. Specific a blocked source; a full-time program of religious licenses, including for multiple trips to (3) The recipient is not a prohibited activities. Financial and material Cuba over an extended period of time, official of the Government of Cuba, as donations to Cuba or Cuban nationals may be issued on a case-by-case basis defined in § 515.337 of this part, or a are not authorized by this paragraph (a). authorizing the travel-related prohibited member of the Cuban All individuals who engage in transactions set forth in § 515.560(c) and Communist Party, as defined in transactions in which Cuba or Cuban other transactions that are directly § 515.338 of this part; nationals have an interest (including incident to participation in a public (4) The remittances are not made for travel-related transactions) pursuant to performance, clinic, workshop, athletic emigration-related purposes. this paragraph (a) must carry with them competition not covered by paragraph Remittances for emigration-related a letter on official letterhead, signed by (a) of this section, non-athletic purposes are addressed by paragraph (e) a designated representative of the U.S. competition, or exhibition in Cuba by of this section; and religious organization, confirming that participants in such activities, provided (5) The remitter, if an individual, is 18 they are members or staff of the that: years of age or older. organization and are traveling to Cuba to (1) The event is open for attendance, (c) Remittances to religious engage in religious activities under the and in relevant situations participation, organizations in Cuba authorized. auspices of the organization. by the Cuban public; Persons subject to the jurisdiction of the Note to paragraph (a): U.S. religious (2) All U.S. profits from the event United States are authorized to make organizations and individual travelers must after costs are donated to an remittances to religious organizations in retain records related to the travel independent nongovernmental Cuba in support of religious activities, transactions authorized pursuant to this organization in Cuba or a U.S.-based provided that the remittances are not paragraph. See §§ 501.601 and 501.602 of this charity, with the objective, to the extent made from a blocked source and that the chapter for applicable recordkeeping and possible, of promoting people-to-people remitter, if an individual, is 18 years of reporting requirements. Financial donations contacts or otherwise benefiting the age or older. require separate authorization under Cuban people; and (d) Remittances to students in Cuba § 515.570. See § 515.533 for an authorization (3) Any clinics or workshops in Cuba of the exportation of items from the United pursuant to an educational license States to Cuba. Exportation of items to be must be organized and run, at least in authorized. Persons subject to the used in Cuba may require separate licensing part, by the licensee. jurisdiction of the United States who are by the Department of Commerce. * * * * * 18 years of age or older are authorized

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to make remittances to close relatives, as certain remittances from blocked ■ 9. Amend § 515.571 by revising defined in § 515.339 of this part, who sources are authorized as follows: paragraph (a)(5)(i) and the note to are students in Cuba pursuant to the (1) Funds deposited in a blocked § 515.571 to read as follows: general license authorizing certain account in a banking institution in the § 515.571 Certain transactions incident to educational activities in § 515.565(a) of United States held in the name of, or in travel to, from, and within the United States this part or a specific license issued which the beneficial interest is held by, by Cuban nationals. pursuant to § 515.565(b) of this part, a national of Cuba as a result of a valid (a) * * * provided that the remittances are not testamentary disposition, intestate (5) * * * made from a blocked source and are for succession, or payment from a life (i) This paragraph (a)(5) does not the purpose of funding transactions insurance policy or annuity contract authorize receipt of compensation in authorized by the general license in triggered by the death of the policy or excess of amounts covering living § 515.565(a) of this part or the specific contract holder may be remitted: expenses and the acquisition of goods license issued pursuant to § 515.565(b) (i) To that national of Cuba, provided for personal consumption. See of this part under which the student is that s/he is a close relative, as defined § 515.565(a)(5) of this part for an traveling. in § 515.339 of this part, of the authorization of payments to certain (e) Two one-time $1,000 emigration- decedent; Cuban scholars of stipends or salaries related remittances authorized. Persons that exceed this limit. (ii) To that national of Cuba as subject to the jurisdiction of the United * * * * * States are authorized to remit the emigration-related remittances in the following amounts: amounts and consistent with the criteria Note to § 515.571: For the authorization of (1) Up to $1,000 per payee on a one- set forth in paragraph (e) of this section. certain transactions by Cuban nationals who become U.S. citizens, apply for or receive time basis to Cuban nationals for the (2) Up to $300 in any consecutive U.S. permanent resident alien status, or are purpose of covering the payees’ three-month period may be remitted lawfully present in the United States in a preliminary expenses associated with from any blocked account in a banking non-visitor status, see § 515.505 of this part. emigrating from Cuba to the United institution in the United States to a ■ States. These remittances may be sent Cuban national in a third country who 10. Amend § 515.577 by revising the before the payees have received valid is an individual in whose name, or for paragraph (a) introductory text to read visas issued by the State Department or whose beneficial interest, the account is as follows: other approved U.S. immigration held. § 515.577 Authorized transactions documents, but may not be carried by a (g) Specific licenses. Specific licenses necessary and ordinarily incident to licensed traveler to Cuba until the may be issued on a case-by-case basis publishing. payees have received valid visas issued authorizing the following: (a) To the extent that such activities by the State Department or other (1) Remittances by persons subject to are not exempt from this part, and approved U.S. immigration documents. U.S. jurisdiction to independent non- subject to the restrictions set forth in See § 515.560(c)(4) of this part for the governmental entities in Cuba, paragraphs (b) through (d) of this rules regarding the carrying of including but not limited to pro- section, persons subject to the authorized remittances to Cuba. These democracy groups and civil society jurisdiction of the United States are remittances may not be made from a groups, and to members of such groups authorized to engage in all transactions blocked source unless authorized or organizations, or to individuals or necessary and ordinarily incident to the pursuant to paragraph (f) of this section. independent non-governmental entities publishing and marketing of (2) Up to an additional $1,000 per to support the development of private manuscripts, books, journals, and payee on a one-time basis to Cuban businesses, including small farms; newspapers in paper or electronic nationals for the purpose of enabling the format (collectively, ‘‘written payees to emigrate from Cuba to the (2) Remittances from a blocked publications’’). This section does not United States, including for the account to a Cuban national in excess of apply if the parties to the transactions purchase of airline tickets and payment the amount specified in paragraph (f)(2) described in this paragraph include the of exit or third-country visa fees or other of this section; or Government of Cuba. For the purposes travel-related fees. These remittances (3) Remittances by persons subject to of this section, the term ‘‘Government of may be sent only once the payees have U.S. jurisdiction to a person in Cuba, Cuba’’ includes the state and the received valid visas issued by the State directly or indirectly, for transactions to Government of Cuba, as well as any Department or other approved U.S. facilitate non-immigrant travel by an political subdivision, agency, or immigration documents. A remitter individual in Cuba to the United States instrumentality thereof, including the must be able to provide the visa under circumstances where Central Bank of Cuba; prohibited recipients’ full names, dates of birth, humanitarian need is demonstrated, officials of the Government of Cuba, as visa numbers, and visa dates of including but not limited to illness or defined in § 515.337 of this part; issuance. See § 515.560(c)(4) of this part other medical emergency. prohibited members of the Cuban for the rules regarding the carrying of Note to § 515.570: For the rules relating to Communist Party, as defined in authorized remittances to Cuba. These the carrying of remittances to Cuba, see § 515.338 of this part; employees of the remittances may not be made from a § 515.560(c)(4) of this part. Persons subject to Ministry of Justice; and any person blocked source unless authorized U.S. jurisdiction are prohibited from acting or purporting to act directly or pursuant to paragraph (f) of this section. engaging in the collection or forwarding of indirectly on behalf of any of the (f) Certain remittances from blocked remittances to Cuba unless authorized foregoing with respect to the sources authorized. Provided the pursuant to § 515.572. For a list of authorized transactions described in this paragraph. U.S. remittance service providers other than recipient is not a prohibited official of depository institutions, see the ‘‘List of For the purposes of this section, the the Government of Cuba, as defined in Authorized Providers of Air, Travel and term ‘‘Government of Cuba’’ does not § 515.337 of this part, or a prohibited Remittance Forwarding Services to Cuba’’ include any academic and research member of the Cuban Communist Party, available from OFAC’s Web site (http:// institutions and their personnel. as defined in § 515.338 of this part, www.treasury.gov/ofac). Pursuant to this section, the following

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activities are authorized, provided that Branch (AR–18J), Environmental and regulatory requirements, and is persons subject to the jurisdiction of the Protection Agency, Region 5, 77 West consistent with EPA’s guidance. EPA is United States ensure that they are not Jackson Boulevard, Chicago, Illinois taking final action to approve the engaging, without separate 60604, (312) 886–1767, revision to the Tennessee SIP, pursuant authorization, in the activities identified [email protected]. to the Clean Air Act (CAA). EPA is also in paragraphs (b) through (d) of this List of Subjects in 40 CFR Part 52 in the process of establishing a new section: 8-hour ozone NAAQS, and expects to * * * * * Environmental protection, Air finalize the reconsidered NAAQS by pollution control, Incorporation by July 2011. Today’s action, however, Dated: January 25, 2011. reference, Intergovernmental relations, relates only to the 1997 8-hour ozone Adam J. Szubin, Ozone, Reporting and recordkeeping NAAQS. Requirements for the Nashville Director, Office of Foreign Assets Control. requirements, Volatile organic Area under the 2011 NAAQS will be [FR Doc. 2011–1969 Filed 1–27–11; 8:45 am] compounds. addressed in the future. BILLING CODE 4810–AL–P Authority: 42 U.S.C. 7401 et seq. DATES: This rule will be effective Dated: January 19, 2011. February 28, 2011. ENVIRONMENTAL PROTECTION Susan Hedman, ADDRESSES: EPA has established a AGENCY Regional Administrator, Region 5. docket for this action under Docket PART 52—[AMENDED] Identification No. EPA–R04–OAR– 40 CFR Part 52 2010–0663. All documents in the [EPA–R05–OAR–2010–0850; FRL–9258–7] Accordingly, the amendment to 40 electronic docket are listed on the CFR 52.2585 published in the Federal http://www.regulations.gov Web site. Approval and Promulgation of Air Register on December 15, 2010 (75 FR Although listed in the index, some Quality Implementation Plans; 78164) on page 78167 is withdrawn as information is not publicly available, Wisconsin; The Milwaukee-Racine and of January 28, 2011. i.e., Confidential Business Information Sheboygan Areas; Determination of [FR Doc. 2011–1770 Filed 1–27–11; 8:45 am] or other information whose disclosure is Attainment of the 1997 8-Hour Ozone BILLING CODE 6560–50–P restricted by statute. Certain other Standard; Withdrawal of Direct Final material, such as copyrighted material, Rule is not placed on the Internet and will be ENVIRONMENTAL PROTECTION publicly available only in hard copy AGENCY: Environmental Protection AGENCY form. Publicly available docket Agency (EPA). materials are available either ACTION: Withdrawal of direct final rule. 40 CFR Part 52 electronically in http:// [EPA–R04–OAR–2010–0663–201061; FRL– www.regulations.gov or in hard copy at SUMMARY: Due to the receipt of an 9259–2] the Regulatory Development Section, adverse comment, EPA is withdrawing Air Planning Branch, Air, Pesticides and the December 15, 2010 (75 FR 78164), Approval and Promulgation of Air Toxics Management Division, U.S. direct final rule making determinations Quality Implementation Plans: Environmental Protection Agency, under the Clean Air Act that the Tennessee; Approval of Section Region 4, 61 Forsyth Street, SW., Milwaukee-Racine and Sheboygan, 110(a)(1) Maintenance Plan for the Atlanta, Georgia 30303–8960. EPA Wisconsin areas have attained the 1997 1997 8-Hour Ozone Standards for the requests that, if at all possible, you 8-hour ozone National Ambient Air Nashville, TN, Area contact the person listed in the FOR Quality Standard. The Milwaukee- FURTHER INFORMATION CONTACT section to Racine area includes Milwaukee, AGENCY: Environmental Protection Agency (EPA). schedule your inspection. The Regional Ozaukee, Racine, Washington, Office’s official hours of business are ACTION: Final rule. Waukesha, and Kenosha Counties. The Monday through Friday, 8:30 to 4:30, Sheboygan area includes Sheboygan SUMMARY: EPA is taking final action to excluding Federal holidays. County. In the direct final rule, EPA approve a revision to the Tennessee stated that if adverse comments were FOR FURTHER INFORMATION CONTACT: State Implementation Plan (SIP) Royce Dansby-Sparks, Regulatory submitted by January 14, 2011, the rule concerning the maintenance plan would be withdrawn and not take effect. Development Section, Air Planning addressing the 1997 8-hour ozone Branch, Air, Pesticides and Toxics On January 14, 2011, EPA received a standards for the Nashville, Tennessee comment. EPA believes this comment is Management Division, U.S. 1997 8-hour ozone maintenance area, Environmental Protection Agency, adverse and, therefore, EPA is which is comprised of Davidson, withdrawing the direct final rule. EPA Region 4, 61 Forsyth Street, SW., Rutherford, Sumner, Williamson, and Atlanta, Georgia 30303–8960. Royce will address the comment in a Wilson Counties in their entireties subsequent final action based upon the Dansby-Sparks may be reached by (hereafter referred to as the ‘‘Nashville phone at (404) 562–9187 or by proposed action also published on Area’’). This maintenance plan was December 15, 2010 (75 FR 78197. EPA electronic mail address dansby- submitted by the State of Tennessee [email protected]. will not institute a second comment Department of Environment and period on this action. Conservation (TDEC) on August 3, 2010, SUPPLEMENTARY INFORMATION: DATES: The direct final rule published at for parallel processing. TDEC submitted 75 FR 78164 on December 15, 2010, is the final version of the SIP on October Table of Contents withdrawn as of January 28, 2011. 13, 2010. The maintenance plan ensures I. Background FOR FURTHER INFORMATION CONTACT: the continued attainment of the 1997 II. EPA Guidance and CAA Requirements Kathleen D’Agostino, Environmental 8-hour ozone national ambient air III. Today’s Action Engineer, Attainment Planning and quality standards (NAAQS) through the IV. Final Action Maintenance Section, Air Programs year 2018. This plan meets the statutory V. Statutory and Executive Order Reviews

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I. Background milestone requirements. Therefore, the which was provided on October 13, In accordance with the CAA, the requirement for an attainment area to 2010. EPA has determined that Nashville Area was designated submit a 10-year maintenance plan Tennessee’s October 13, 2010, submittal nonattainment for the 1-hour ozone under 110(a)(1) of the CAA and the satisfies the section 110(a)(1) CAA NAAQS on November 6, 1991, 56 FR Phase 1 Rule was also postponed until requirements for a plan that provides for 56694 (effective January 6, 1992, 60 FR the Area was effectively designated for implementation, maintenance, and 7124). On November 14, 1994, the State the 1997 8-hour ozone NAAQS. The enforcement of the 1997 8-hour ozone of Tennessee, through the TDEC, Nashville Area was later designated as NAAQS in the Nashville maintenance submitted a request to redesignate the attainment for the 1997 8-hour ozone area. NAAQS, effective April 15, 2008, with Nashville Area to attainment for the III. Today’s Action the 1-hour ozone requirements no 1-hour ozone NAAQS. Subsequently on longer effective on April 15, 2009 (73 FR EPA is taking final action to approve August 9, 1995, and January 19, 1996, 17897). Tennessee was consequently the SIP revision concerning the Tennessee submitted supplementary required to submit a 10-year 110(a)(1) maintenance plan addressing information which included revised maintenance plan under section the 1997 8-hour ozone NAAQS for the contingency measures and emission 110(a)(1) of the CAA and the Phase 1 Nashville Area. This maintenance plan projections. Included with the 1-hour Rule for the Nashville Area. was submitted to EPA on October 13, ozone redesignation request, Tennessee On May 20, 2005, EPA issued 2010, by the State of Tennessee, to submitted the required 1-hour ozone guidance providing information as to ensure the continued attainment of the monitoring data and maintenance plan how a state might fulfill the 1997 8-hour ozone NAAQS through the ensuring the Area would remain in maintenance plan obligation established year 2018. This approval action is based attainment for the 1-hour ozone NAAQS by the CAA and the Phase I Rule on EPA’s analyses of whether this for at least a period of 10 years (Memorandum from Lydia N. Wegman request complies with section 110 of the (consistent with CAA 175A(a)). The to Air Division Directors, Maintenance CAA and 40 CFR 51.905(a)(4). EPA’s maintenance plan submitted by Plan Guidance Document for Certain 8- analyses of Tennessee’s submittal are Tennessee followed EPA guidance for hour Ozone Areas Under Section described in detail in the proposed rule maintenance areas, subject to section 110(a)(1) of Clean Air Act, May 20, published October 8, 2010 (75 FR 175A of the CAA. 2005—hereafter referred to as ‘‘Wegman 62354). On October 30, 1996, EPA approved Memorandum’’). On December 22, 2006, The comment period for this Tennessee’s request to redesignate the the United States Court of Appeals for proposed action closed on November 8, Nashville Area to attainment for the 1- the District of Columbia Circuit issued 2010. EPA did not receive any adverse hour ozone NAAQS (61 FR 55903). The an opinion that vacated portions of comments on this action during the maintenance plan for the Area became EPA’s Phase I Rule. See South Coast Air public comment period. However, EPA effective on October 30, 1996. Quality Management District. v. EPA, is making note of two typographical Tennessee later updated the 472 F.3d 882 (D.C. Cir. 2006). The Court errors in the October 8, 2010, proposed maintenance plan in accordance with vacated those portions of the Phase I rulemaking notice (75 FR 62354). When section 175(A)(b) on August 10, 2005, to Rule that provided for regulation of the referring to the date that the State of extend the maintenance plan to cover 1997 8-hour ozone nonattainment areas Tennessee requested the Nashville Area additional years such that the entire designated under Subpart 1 (of part D of be redesignated to attainment for the 1- maintenance period was for at least 20 the CAA), in lieu of Subpart 2 among hour ozone NAAQS, the date was years after the initial redesignation of other portions. The Court’s decision did inadvertently listed as 2004 instead of the Area to attainment. EPA approved not alter any 8-hour ozone attainment 1994. Additionally, the discussion of Tennessee’s maintenance plan update area requirements under the Phase I Table 3 on page 62357 of the October 8, for the Nashville Area on November 1, Rule for CAA section 110(a)(1) 2010, proposed rulemaking notice 2005 (70 FR 65838). maintenance plans. incorrectly stated that the maximum II. EPA Guidance and CAA On August 3, 2010, TDEC submitted 2007–2009 8-hour ozone design value Requirements a draft revision to EPA for approval into was 0.079 parts per million (ppm) when the Tennessee SIP to ensure the the correct value, as listed correctly in On April 30, 2004, EPA designated continued attainment of the 1997 8-hour Table 3, is 0.078 ppm. and classified areas for the 1997 8-hour ozone NAAQS through the year 2018. IV. Final Action ozone NAAQS (69 FR 23858), and Subsequently, on October 8, 2010, EPA published the final Phase 1 Rule for published a proposed rulemaking to Pursuant to section 110 of the CAA, implementation of the 1997 8-hour approve Tennessee’s August 3, 2010, EPA is approving the maintenance plan ozone NAAQS (69 FR 23951) (Phase 1 SIP revision under parallel processing. addressing the 1997 8-hour ozone Rule), ultimately revoking the 1-hour 75 FR 62354. Detailed background NAAQS for the Nashville Area, which ozone NAAQS. The Nashville Area, information and EPA’s rationale for the was submitted by Tennessee on October however, was still required to fulfill proposed approval are provided in 13, 2010, and ensures continued requirements under the 1-hour ozone EPA’s October 8, 2010, Federal Register attainment of the 1997 8-hour ozone NAAQS due to its participation in an notice. EPA’s October 8, 2010, proposed NAAQS through the year 2018. EPA has Early Action Compact (EAC). For areas approval was contingent upon evaluated the State’s submittal and has participating in an EAC, the effective Tennessee providing a final SIP revision determined that it meets the applicable designation date for the 1997 8-hour that was substantively the same as the requirements of the CAA and EPA ozone NAAQS was deferred until revision proposed for approval by EPA regulations, and is consistent with EPA December 31, 2006, in a final action in the October 8, 2010, proposed policy. On March 12, 2008, EPA issued published by EPA on August 19, 2005 rulemaking. Tennessee provided its a revised ozone NAAQS. EPA (70 FR 50988) and later extended to final SIP revision on October 13, 2010. subsequently announced a April 15, 2008 (71 FR 69022) for most There were no changes between reconsideration of the 2008 NAAQS, of the EAC Areas, including Nashville, Tennessee’s August 3, 2010, draft SIP and proposed new 8-hour ozone so long as the Area continued to meet revision and the final SIP revision NAAQS in January 2010. The current

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action, however, is being taken to • Is not a significant regulatory action Court of Appeals for the appropriate address requirements under the 1997 subject to Executive Order 13211 (66 FR circuit by March 29, 2011. Filing a ozone NAAQS. Requirements for the 28355, May 22, 2001); petition for reconsideration by the Nashville Area under the 2011 NAAQS • Is not subject to requirements of Administrator of this final rule does not will be addressed in the future. Section 12(d) of the National affect the finality of this action for the V. Statutory and Executive Order Technology Transfer and Advancement purposes of judicial review nor does it Reviews Act of 1995 (15 U.S.C. 272 note) because extend the time within which a petition application of those requirements would for judicial review may be filed, and Under the CAA, the Administrator is be inconsistent with the CAA; and shall not postpone the effectiveness of required to approve a SIP submission • Does not provide EPA with the such rule or action. This action may not that complies with the provisions of the discretionary authority to address, as be challenged later in proceedings to Act and applicable Federal regulations. appropriate, disproportionate human enforce its requirements. (See section 42 U.S.C. 7410(k); 40 CFR 52.02(a). health or environmental effects, using 307(b)(2).) Thus, in reviewing SIP submissions, practicable and legally permissible EPA’s role is to approve state choices, methods, under Executive Order 12898 List of Subjects in 40 CFR Part 52 provided that they meet the criteria of (59 FR 7629, February 16, 1994). the CAA. Accordingly, this action Environmental protection, Air merely approves state law as meeting In addition, this rule does not have pollution control, Incorporation by Federal requirements and does not tribal implications as specified by reference, Intergovernmental relations, impose additional requirements beyond Executive Order 13175 (65 FR 67249, Nitrogen dioxide, Ozone, Reporting and those imposed by state law. For that November 9, 2000), because the SIP is recordkeeping requirements, Volatile reason, this action: not approved to apply in Indian country organic compounds. • located in the state, and EPA notes that Is not a ‘‘significant regulatory Dated: January 13, 2011. action’’ subject to review by the Office it will not impose substantial direct of Management and Budget under costs on tribal governments or preempt A. Stanley Meiburg, Executive Order 12866 (58 FR 51735, tribal law. Acting Regional Administrator, Region 4. October 4, 1993); The Congressional Review Act, 5 EPA amends 40 CFR part 52 as • Does not impose an information U.S.C. 801 et seq., as added by the Small collection burden under the provisions Business Regulatory Enforcement follows: Fairness Act of 1996, generally provides of the Paperwork Reduction Act (44 PART 52—[AMENDED] U.S.C. 3501 et seq.); that before a rule may take effect, the • Is certified as not having a agency promulgating the rule must ■ significant economic impact on a submit a rule report, which includes a 1. The authority citation for part 52 substantial number of small entities copy of the rule, to each House of the continues to read as follows: under the Regulatory Flexibility Act Congress and to the Comptroller General Authority: 42 U.S.C. 7401 et seq. (5 U.S.C. 601 et seq.); of the United States. EPA will submit a • Does not contain any unfunded report containing this action and other Subpart RR—Tennessee mandate or significantly or uniquely required information to the U.S. Senate, affect small governments, as described the U.S. House of Representatives, and ■ 2. Section 52.2220(e), is amended by in the Unfunded Mandates Reform Act the Comptroller General of the United adding a new entry for ‘‘Nashville of 1995 (Pub. L. 104–4); States prior to publication of the rule in 8-Hour Ozone Maintenance Plan • Does not have Federalism the Federal Register. A major rule Section 110(a)(1)’’ to read as follows: implications as specified in Executive cannot take effect until 60 days after it Order 13132 (64 FR 43255, August 10, is published in the Federal Register. § 52.2220 Identification of plan. 1999); This action is not a ‘‘major rule’’ as * * * * * • Is not an economically significant defined by 5 U.S.C. 804(2). regulatory action based on health or Under section 307(b)(1) of the CAA, (e) * * * safety risks subject to Executive Order petitions for judicial review of this EPA–Approved Tennessee Non- 13045 (62 FR 19885, April 23, 1997); action must be filed in the United States Regulatory Provisions

Name of non-regulatory Applicable geographic or SIP provision nonattainment area State effective date EPA approval date Explanation

******* Nashville 8-Hour Ozone Nashville 8-Hour Ozone October 13, 2010 ...... 1/28/11 [insert citation of Maintenance plan for the 110(a)(1) Maintenance Attainment Area. publication]. 1997 8-hour ozone Plan. NAAQS.

[FR Doc. 2011–1782 Filed 1–27–11; 8:45 am] BILLING CODE 6560–50–P

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DEPARTMENT OF HOMELAND 42 U.S.C. 4001 et seq., , unless an made, this final rule may take effect SECURITY appropriate public body adopts within less than 30 days. adequate floodplain management National Environmental Policy Act. Federal Emergency Management measures with effective enforcement This rule is categorically excluded from Agency measures. The communities listed in the requirements of 44 CFR part 10, this document no longer meet that Environmental Considerations. No 44 CFR Part 64 statutory requirement for compliance environmental impact assessment has with program regulations, 44 CFR part been prepared. [Docket ID FEMA–2011–0002; Internal 59. Accordingly, the communities will Agency Docket No. FEMA–8165] Regulatory Flexibility Act. The be suspended on the effective date in Administrator has determined that this Suspension of Community Eligibility the third column. As of that date, flood rule is exempt from the requirements of insurance will no longer be available in the Regulatory Flexibility Act because AGENCY: Federal Emergency the community. However, some of these the National Flood Insurance Act of Management Agency, DHS. communities may adopt and submit the 1968, as amended, 42 U.S.C. 4022, ACTION: Final rule. required documentation of legally prohibits flood insurance coverage enforceable floodplain management unless an appropriate public body SUMMARY: This rule identifies measures after this rule is published but adopts adequate floodplain management communities, where the sale of flood prior to the actual suspension date. measures with effective enforcement insurance has been authorized under These communities will not be measures. The communities listed no the National Flood Insurance Program suspended and will continue their longer comply with the statutory (NFIP), that are scheduled for eligibility for the sale of insurance. A requirements, and after the effective suspension on the effective dates listed notice withdrawing the suspension of date, flood insurance will no longer be within this rule because of the communities will be published in available in the communities unless noncompliance with the floodplain the Federal Register. remedial action takes place. In addition, FEMA has identified the management requirements of the Regulatory Classification. This final Special Flood Hazard Areas (SFHAs) in program. If the Federal Emergency rule is not a significant regulatory action these communities by publishing a Management Agency (FEMA) receives under the criteria of section 3(f) of Flood Insurance Rate Map (FIRM). The documentation that the community has Executive Order 12866 of September 30, date of the FIRM, if one has been adopted the required floodplain 1993, Regulatory Planning and Review, published, is indicated in the fourth management measures prior to the 58 FR 51735. effective suspension date given in this column of the table. No direct Federal financial assistance (except assistance Executive Order 13132, Federalism. rule, the suspension will not occur and This rule involves no policies that have a notice of this will be provided by pursuant to the Robert T. Stafford Disaster Relief and Emergency federalism implications under Executive publication in the Federal Register on a Order 13132. subsequent date. Assistance Act not in connection with a flood) may legally be provided for Executive Order 12988, Civil Justice DATES: Effective Dates: The effective construction or acquisition of buildings Reform. This rule meets the applicable date of each community’s scheduled in identified SFHAs for communities standards of Executive Order 12988. suspension is the third date (‘‘Susp.’’) not participating in the NFIP and Paperwork Reduction Act. This rule listed in the third column of the identified for more than a year, on does not involve any collection of following tables. FEMA’s initial flood insurance map of information for purposes of the FOR FURTHER INFORMATION CONTACT: If the community as having flood-prone Paperwork Reduction Act, 44 U.S.C. you want to determine whether a areas (section 202(a) of the Flood 3501 et seq. particular community was suspended Disaster Protection Act of 1973, 42 List of Subjects in 44 CFR Part 64 on the suspension date or for further U.S.C. 4106(a), as amended). This information, contact David Stearrett, prohibition against certain types of Flood insurance, Floodplains. Mitigation Directorate, Federal Federal assistance becomes effective for Accordingly, 44 CFR part 64 is Emergency Management Agency, 500 C the communities listed on the date amended as follows: Street, SW., Washington, DC 20472, shown in the last column. The (202) 646–2953. Administrator finds that notice and PART 64—[AMENDED] SUPPLEMENTARY INFORMATION: The NFIP public comment under 5 U.S.C. 553(b) enables property owners to purchase are impracticable and unnecessary ■ 1. The authority citation for part 64 flood insurance which is generally not because communities listed in this final continues to read as follows: otherwise available. In return, rule have been adequately notified. Authority: 42 U.S.C. 4001 et seq.; communities agree to adopt and Each community receives 6-month, Reorganization Plan No. 3 of 1978, 3 CFR, administer local floodplain management 90-day, and 30-day notification letters 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, aimed at protecting lives and new addressed to the Chief Executive Officer 3 CFR, 1979 Comp.; p. 376. construction from future flooding. stating that the community will be § 64.6 [Amended] Section 1315 of the National Flood suspended unless the required Insurance Act of 1968, as amended, 42 floodplain management measures are ■ 2. The tables published under the U.S.C. 4022, prohibits flood insurance met prior to the effective suspension authority of § 64.6 are amended as coverage as authorized under the NFIP, date. Since these notifications were follows:

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Date certain federal Community Effective date authorization/cancellation of Current effective assistance State and location No. sale of flood insurance in community map Date no longer available in SFHAs

Region III Virginia: Petersburg, City of, Independent 510112 November 7, 1973, Emerg; March 16, Feb. 4, 2011 ..... Feb. 4, 2011. City. 1981, Reg; February 4, 2011, Susp. Region V Illinois: Banner, Village of, Fulton County ...... 170743 December 30, 1975, Emerg; July 2, 1981, ...... do* ...... Do. Reg; February 4, 2011, Susp. Fulton County, Unincorporated Areas ... 170241 November 13, 1979, Emerg; January 17, ...... do* ...... Do. 1986, Reg; February 4, 2011, Susp. Lewistown, City of, Fulton County...... 170782 July 28, 1975, Emerg; October 5, 1984, ...... do* ...... Do. Reg; February 4, 2011, Susp. Liverpool, Village of, Fulton County ...... 170762 December 10, 1974, Emerg; June 15, 1981, ...... do* ...... Do. Reg; February 4, 2011, Susp. Mark, Village of, Putnam County ...... 170572 April 23, 1976, Emerg; January 3, 1985, ...... do* ...... Do. Reg; February 4, 2011, Susp. Putnam County, Unincorporated Areas 170993 June 5, 1981, Emerg; November 15, 1984, ...... do* ...... Do. Reg; February 4, 2011, Susp. Standard, Village of, Putnam County .... 171012 January 16, 1984, Emerg; March 1, 1987, ...... do* ...... Do. Reg; February 4, 2011, Susp. Minnesota: Bertha, City of, Todd County 270474 April 7, 1975, Emerg; July 17, 1986, Reg; ...... do* ...... Do. February 4, 2011, Susp. Browerville, City of, Todd County...... 270475 April 16, 1974, Emerg; September 30, ...... do* ...... Do. 1988, Reg; February 4, 2011, Susp. Clarissa, City of, Todd County ...... 270476 April 30, 1974, Emerg; June 3, 1986, Reg; ...... do* ...... Do. February 4, 2011, Susp. Eagle Bend, City of, Todd County ...... 270477 July 2, 1974, Emerg; June 3, 1986, Reg; ...... do* ...... Do. February 4, 2011, Susp. Hewitt, City of, Todd County ...... 270478 September 16, 1975, Emerg; June 8, 1984, ...... do* ...... Do. Reg; February 4, 2011, Susp. Long Prairie, City of, Todd County ...... 270479 April 16, 1974, Emerg; July 16, 1980, Reg; ...... do* ...... Do. February 4, 2011, Susp. Todd County, Unincorporated Areas..... 270551 February 1, 1974, Emerg; September 1, ...... do* ...... Do. 1988, Reg; February 4, 2011, Susp. Region VI Arkansas: Harrisburg, City of, Poinsett County ...... 050173 February 27, 1975, Emerg; November 1, ...... do* ...... Do. 1985, Reg; February 4, 2011, Susp. Lepanto, City of, Poinsett County ...... 050174 July 17, 1974, Emerg; July 4, 1988, Reg; ...... do* ...... Do. February 4, 2011, Susp. Marked Tree, City of, Poinsett County .. 050175 May 21, 1975, Emerg; July 16, 1980, Reg; ...... do* ...... Do. February 4, 2011, Susp. Poinsett County, Unincorporated Areas 050172 May 6, 1983, Emerg; August 19, 1987, ...... do* ...... Do. Reg; February 4, 2011, Susp. Trumann, City of, Poinsett County ...... 050176 September 5, 1974, Emerg; April 15, 1979, ...... do* ...... Do. Reg; February 4, 2011, Susp. Tyronza, City of, Poinsett County ...... 050371 May 12, 1975, Emerg; September 28, 1982, ...... do* ...... Do. Reg; February 4, 2011, Susp. Waldenburg, Town of, Poinsett County 050497 June 16, 2010, Emerg; February 4, 2011, ...... do* ...... Do. Reg; February 4, 2011, Susp. Weiner, City of, Poinsett County ...... 050373 October 31, 1975, Emerg; September 28, ...... do* ...... Do. 1982, Reg; February 4, 2011, Susp. Oklahoma: Boynton, Town of, Muskogee County... 400120 June 24, 1976, Emerg; September 28, ...... do* ...... Do. 1979, Reg; February 4, 2011, Susp. Braggs, Town of, Muskogee County ..... 400121 October 30, 1975, Emerg; May 25, 1978, ...... do* ...... Do. Reg; February 4, 2011, Susp. Fort Gibson, Town of, Cherokee and 400123 July 8, 1977, Emerg; July 16, 1980, Reg; ...... do* ...... Do. Muskogee Counties. February 4, 2011, Susp. Haskell, Town of, Muskogee County .... 400124 August 7, 1975, Emerg; December 4, 1979, ...... do* ...... Do. Reg; February 4, 2011, Susp. Muskogee, City of, Muskogee County .. 400125 April 22, 1975, Emerg; July 2, 1980, Reg; ...... do* ...... Do. February 4, 2011, Susp. Muskogee County, Unincorporated 400491 September 27, 1985, Emerg; March 4, ...... do* ...... Do. Areas. 1991, Reg; February 4, 2011, Susp. Oktaha, Town of, Muskogee County ..... 400126 October 14, 1975, Emerg; May 25, 1978, ...... do* ...... Do. Reg; February 4, 2011, Susp. Porum, Town of, Muskogee County ...... 400127 May 21, 1976, Emerg; April 15, 1980, Reg; ...... do* ...... Do. February 4, 2011, Susp.

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Date certain federal Community Effective date authorization/cancellation of Current effective assistance State and location No. sale of flood insurance in community map Date no longer available in SFHAs

Taft, Town of, Muskogee County ...... 400128 June 26, 1976, Emerg; August 25, 1987, ...... do* ...... Do. Reg; February 4, 2011, Susp. Wainwright, Town of, Muskogee County 400129 March 9, 1976, Emerg; August 8, 1978, ...... do* ...... Do. Reg; February 4, 2011, Susp. Warner, Town of, Muskogee County .... 400130 December 29, 1976, Emerg; May 25, 1978, ...... do* ...... Do. Reg; February 4, 2011, Susp. Webbers Falls, Town of, Muskogee 400131 November 28, 1975, Emerg; May 1, 1980, ...... do* ...... Do. County. Reg; February 4, 2011, Susp. Texas: Bandera County, Unincorporated Areas 480020 January 21, 1974, Emerg; November 1, ...... do* ...... Do. 1978, Reg; February 4, 2011, Susp. Benavides, City of, Duval County ...... 480792 July 24, 1975, Emerg; March 4, 1986, Reg; ...... do* ...... Do. February 4, 2011, Susp. Colorado County, WCID Number 2 ...... 481489 October 28, 1977, Emerg; June 1, 1988, ...... do* ...... Do. Reg; February 4, 2011, Susp. Colorado County, Unincorporated Areas 480144 February 29, 1980, Emerg; September 19, ...... do* ...... Do. 1990, Reg; February 4, 2011, Susp. Columbus, City of, Colorado County ..... 480145 February 19, 1975, Emerg; June 19, 1985, ...... do* ...... Do. Reg; February 4, 2011, Susp. Duval County, Unincorporated Areas .... 480202 July 24, 1975, Emerg; May 1, 1987, Reg; ...... do* ...... Do. February 4, 2011, Susp. Eagle Lake, City of, Colorado County ... 480146 July 30, 1975, Emerg; April 1, 1987, Reg; ...... do* ...... Do. February 4, 2011, Susp. Lamesa, City of, Dawson County ...... 480191 February 25, 1972, Emerg; April 30, 1976, ...... do* ...... Do. Reg; February 4, 2011, Susp. San Diego, City of, Duval and Jim 481199 December 26, 1975, Emerg; March 1, ...... do* ...... Do. Wells Counties. 1987, Reg; February 4, 2011, Susp. *-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: January 19, 2011. post-award oversight, and addressing The sixth concerned additional Sandra K. Knight, other issues. limitations on the discretion of prime Deputy Federal Insurance and Mitigation DATES: Effective Dates: This rule is contractors to terminate DBEs for Administrator, Mitigation. effective February 28, 2011. convenience, once the prime contractor had committed to using the DBE as part [FR Doc. 2011–1930 Filed 1–27–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 9110–12–P Robert C. Ashby, Deputy Assistant of its showing of good faith efforts. The General Counsel for Regulation and Department received approximately 30 Enforcement, U.S. Department of comment letters regarding these issues. On May 10, 2010, the Department DEPARTMENT OF TRANSPORTATION Transportation, 1200 New Jersey issued a notice of proposed rulemaking Avenue, SE., Washington, DC 20590, Office of the Secretary (NPRM) seeking further comment on Room W94–302, 202–366–9310, proposals based on the ANPRM and [email protected]. 49 CFR Part 26 proposing new provisions (75 FR SUPPLEMENTARY INFORMATION: The 25815). The NPRM proposed an [Docket No. OST–2010–0118] Department of Transportation issued an inflationary adjustment of the PNW cap RIN 2105–AD75 advance notice of proposed rulemaking to $1.31 million, the figure that would (ANPRM) concerning several DBE result from proposed Federal Aviation Disadvantaged Business Enterprise: program issues on April 8, 2009 (74 FR Administration (FAA) reauthorization Program Improvements 15904). The first issue raised in the legislation then pending in both Houses AGENCY: Office of the Secretary (OST), ANPRM concerned counting of items of Congress. The Department proposed DOT. obtained by a DBE subcontractor from additional measures to hold recipients its prime contractor. The second ACTION: Final rule. accountable for their performance in concerned ways of encouraging the achieving DBE overall goals. SUMMARY: This rule improves the ‘‘unbundling’’ of contracts to facilitate The NPRM also proposed administration of the Disadvantaged participation by small businesses, amendments to the certification-related Business Enterprise (DBE) program by including DBEs. The third was a request provisions of the DBE regulation. Those increasing accountability for recipients for comments on potential proposals resulted from the with respect to meeting overall goals, improvements to the DBE application Department’s experience dealing with modifying and updating certification form and personal net worth (PNW) certification issues and certification requirements, adjusting the personal net form. The fourth asked for suggestions appeal cases during the years since the worth (PNW) threshold for inflation, related to program oversight. The fifth last major revision of the DBE rule in providing for expedited interstate concerned potential regulatory action to 1999. The proposed amendments were certification, adding provisions to foster facilitate certification for firms seeking intended to clarify issues that have small business participation, improving to work as DBEs in more than one state. arisen and avoid problems with which

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recipients (i.e., state highway agencies, prime contractor, and two State This compromise has been part of the transit authorities, and airport sponsors Departments of Transportation (DOTs). regulation since 1999 and, with the who receive DOT grant financial These commenters generally made the exception of the proponent of changing assistance) and the Department have same arguments as had proponents of the regulation and its prime contractor had to grapple over the last 11 years. this view at the ANPRM stage. Thirteen partners, has never been raised by The Department received commenters, among which were several program participants as a widespread approximately 160 comments on the recipients, a DBE contractors’ problem requiring regulatory change. NPRM from a variety of interested association, and DBE contractors, For these reasons, the Department will parties, including DBE and non-DBE favored the NPRM’s proposed approach leave the existing regulatory language firms, associations representing them, of not making any change to the existing intact. and recipients of DOT financial rule, and they endorsed the NPRM’s Terminations of DBE Firms assistance. A summary of comments on rationale. Sixteen commenters, the major issues in the rulemaking, and including a recipient association and a The NPRM proposed that a prime the Department’s responses to those number of DBE companies, supported contractor who, in the course of meeting comments, follows. disallowing credit for any items its good faith efforts requirements on a purchased or leased from a non-DBE procurement involving a contract goal, Counting Purchases From Prime had submitted the names of one or more Contractors source. They believed that this approach supported the general principle of DBEs to work on the project, could not Under current counting rules, a DBE awarding DBE credit only for terminate a DBE firm without the subcontractor and its prime contractor contributions that DBEs themselves written consent of the recipient. The may count for DBE credit the entire cost make on a contract. firm could be terminated only for good of a construction contract, including cause. The NPRM proposed a list of items that the DBE subcontractor DOT Response what constituted good cause for this purchases or leases from a third party The Department remains unconvinced purpose. (e.g., in a so-called ‘‘furnish and install’’ that it is appropriate for a prime Over 40 comments addressed this contract). There is an exception to this contractor to produce an item (e.g., subject, a significant majority of which general rule: A DBE and its prime asphalt), provide it to its own DBE supported the proposal. Two recipients contractor may not count toward goals subcontractor, and then count the value said the proposal was unnecessary and items that the DBE purchases or leases of the item toward its good faith efforts a third expressed concern about from its own prime contractor. The to meet DBE goals. The item—asphalt, workload implications. Several reason for this provision is that doing so in this example—is a contribution to the recipients said that they already would allow the prime contractor to project made by the prime contractor followed this practice. count for DBE credit items that it itself and simply passed through the However, commenters made a variety produced itself. DBE. That is, the prime contractor, on of suggestions with respect to the details As noted in the ANPRM, one DBE paper, sells the item to the DBE, who of the proposal. A DBE firm questioned subcontractor and a number of prime then charges the cost of the item it just a good cause element that would allow contractors objected to this approach, bought from the prime contractor as part a firm to be terminated for not meeting saying that it unfairly denies a DBE in of its subcontract price, which the prime reasonable bonding requirements, this situation the opportunity to count then reports as DBE participation. In the noting that lack of access to bonding is credit for items it has obtained from its Department’s view, this pass-through a serious problem for many DBEs. A prime contractor rather than from other relationship is inconsistent with the DBE contractors’ association said that a sources. Especially in situations in most important principle of counting DBE’s action to halt performance should which a commodity might only be DBE participation, which is that credit not necessarily be a ground for available from a single source—a prime should only be counted for value that is termination, because in some cases such contractor or its affiliate—the rule added to the transaction by the DBE an action could be a justified response would create a hardship, according to itself. to an action beyond its control (e.g., the proponents of this view. The ANPRM As mentioned in the ANPRM and prime failing to make timely payments). proposed four options (1) keeping the NPRM, the current rule treats counting A DBE requested clarification of what rule as is; (2) keeping the basic rule as of items purchased by DBEs from non- being ‘‘not responsible’’ meant in this is, but allowing recipients to make DBE sources differently, depending on context. A number of commenters, exceptions in some cases; (3) allowing whether the items are obtained from the including recipients and DBEs, DBEs to count items purchased from DBE’s prime contractor or from a third- suggested that a prime could terminate any third party source, including the party source. The Department’s current a DBE only if the DBE ‘‘unreasonably’’ DBE’s prime contractor; and (4) not approach is a reasonable compromise failed to perform or follow instructions allowing any items obtained from any between the commonly accepted from the prime. non-DBE third party to be counted for practice of obtaining items from non- A prime contractors’ association DBE credit. Comment was divided DBE sources as part of the contracting suggested additional grounds for good among the four alternatives, which each process and maintaining the principle of cause to terminate, including not garnering some support. For purposes of counting only the DBE’s own performing to schedule or not the NPRM, the Department decided not contributions for credit toward goals, performing a commercially useful to propose any change from the current which is most seriously violated when function. Another such association said rule. the prime contractor itself is the source the rule should be consistent with Comment on the issue was again of the items. This compromise respects normal business practices and not divided. Seven commenters favored the dual, somewhat divergent, goals of impede a prime contractor’s ability to allowing items obtained from any accommodating a common way of doing remove a poorly performing source to be counted for credit, business and avoiding a too-close subcontractor for good cause. A including the firm that was the original relationship between a prime contractor recipient wanted a public safety proponent of the idea and another DBE, and a DBE subcontractor that distorts exception to the time frame for a DBE’s two prime contractors’ associations, a the counting of credit toward DBE goals. reply to a prime contractor’s notice

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proposing termination, and another reasonableness in deciding whether to increase (e.g., to $1 million). A few recipient wanted to shorten that period approve a prime contractor’s proposal to commenters also suggested that the from five to two days. A State unified terminate a DBE firm. We have also Department explore some method of certification program (UCP) suggested adopted a recipient’s suggestion to adjusting PNW other than the CPI, but adopting its State’s list of good cause permit the time frame for the process to they generally did not spell out what the reasons, and a consultant suggested that be shortened in a case where public alternative approaches might be. contracting officers, not just the DBE necessity (e.g., safety) requires a shorter The opponents of making the Liaison Officer (DBELO), should be period of time before the recipient’s adjustment, mostly recipients and DBEs, involved in the decision about whether decision. made several arguments. The first was to concur in a prime contractor’s desire In addition to the enumerated that $1.31 million was too high and to terminate a DBE. A recipient wanted grounds, a recipient may permit a prime would include businesses owners who to add language concerning the prime contractor to terminate a DBE for ‘‘other were not truly disadvantaged. The contractor’s obligation to make good documented good cause that the second was that raising the PNW faith efforts to replace a terminated DBE recipient determines compels the number would favor larger, established, with another DBE. termination of the DBE subcontractor.’’ richer DBEs at the expense of smaller, This means that the recipient must start-up firms. These larger companies DOT Response document the basis for any such could then stay in the program longer, The Department, like the majority of determination, and the prime to the detriment of the program’s aims. commenters on this issue, believes that contractor’s reasons for terminating the Some commenters said that the the proposed amendment will help to DBE subcontractor make the termination experience in their states was that very prevent situations in which a DBE essential, not merely discretionary or few firms were becoming ineligible for subcontractor, to which a prime advantageous. While the recipient need PNW reasons, suggesting that a change contractor has committed work, is not obtain DOT operating in the current standard was arbitrarily dismissed from the project by administration concurrence for such a unnecessary. the prime contractor. Comments to the decision, FHWA, FTA, and FAA retain With respect to the issue of retirement docket and in the earlier stakeholder the right to oversee such determinations assets, about 28 comments, primarily sessions have underlined that this has by recipients. from DBE groups and recipients, favored been a persistent problem. By specifying excluding some retirement assets from that a DBE can be terminated only for Personal Net Worth the PNW calculation, often asserting good cause—not simply for the The NPRM proposed to make an that this was appropriate because such convenience of the prime contractor— inflationary adjustment in the personal funds are illiquid and not readily and with the written consent of the net worth (PMW) cap from its present available to contribute toward the recipient, this amendment should help $750,000 to $1.31 million, based on the owners’ businesses. Following this to end this abuse. consumer price index (CPI) and relating logic, some of the comments said that With respect to the kinds of situations back to 1989, as proposed in FAA Federally-regulated illiquid retirement in which ‘‘good cause’’ for termination authorization bills pending in Congress. plans (e.g., 401k, Roth IRA, Keough, and can exist, the Department has modified The NPRM noted that such an Deferred Compensation plans, as well as the language of the rule to say that good adjustment had long been sought by 529 college savings plans) be excluded cause includes a situation where the DBE groups and that it maintained the while other assets that are more liquid DBE subcontractor has failed or refused status quo in real dollar terms. The (CDs, savings accounts) be counted, to perform the work of its subcontract in Department also asked for comment on even if said to be for retirement accordance with normal industry the issue of whether assets counted purposes. A number of these standards. We note that industry toward the PNW calculation should commenters said that a monetary cap on standards may vary among projects, and continue to include retirement savings the amount that could be excluded (e.g., could be higher for some projects than products. The rule currently does $500,000) would be acceptable. others, a matter the recipient could take include them, but the pending FAA The 17 comments opposing excluding into account in determining whether to legislation would move in the direction retirement accounts from the PNW consent to a prime contractor’s proposal of excluding them from the calculation. calculation generally supported the to terminate a DBE firm. However, good Of the 95 commenters who addressed rationale of the existing regulation, cause does not exist if the failure or the basic issue of whether the which is that assets of this kind, even refusal of the DBE subcontractor to Department should make the proposed if illiquid, should be regarded as part of perform its work on the subcontract inflationary adjustment, 71— an individual’s wealth for PNW results from the bad faith or representing all categories of purposes. A few commenters also said discriminatory action of the prime commenters—favored doing so. Many that, since it is most likely wealthier contractor (e.g., the failure of the prime said that such an adjustment was long DBE owners who have such retirement contractor to make timely payments or overdue and that it would mitigate the accounts, excluding them would help the unnecessary placing of obstacles in problem of a ‘‘glass ceiling’’ limiting the these more established DBEs at the the path of the DBE’s work). growth and development of DBE firms. expense of smaller DBEs who are less Good cause also does not exist if the A few commenters said that such likely to be able to afford significant prime contractor seeks to terminate a adjustments should be done regionally retirement savings products. Again, DBE it relied upon to obtain the contract or locally rather than nationally, to commenters said that this provision, by so that it can self-perform the work in reflect economic differences among effectively raising the PNW cap, would question or substitute another DBE or areas of the country. A number of the inappropriately allow larger firms to non-DBE firm. This approach responds commenters wanted to make sure the stay in the program longer. Some of the to commenters who were concerned Department made similar adjustments commenters would accept exclusion of about prime contractors imposing annually in the future. A member of retirement accounts if an appropriate unreasonable demands on DBE Congress suggested that the PNW cap were put in place, however. subcontractors while offering recipients should be increased to $2.5 million, Finally, several commenters asked for a more definite standard than simple while a few recipients favored a smaller a revised and improved PNW form with

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additional guidance and instructions on The Department is using 1989 as the jurisdictions would be, in our view, an how to make PNW calculations (e.g., base year for its inflationary adjustment even greater problem. Nor do we see a with respect to determining the value of for two reasons. First, doing so is strong policy rationale for a change to a house or business). consistent with what both the House some fixed figure (e.g., $1 million, $2.5 and Senate determined was appropriate million) that is not tied to inflation. We DOT Response in the context of FAA authorization bills do agree, however, that an improved To understand the purpose and effect that both chambers passed. Second, PNW form would be an asset to the of the Department’s proposal to change while the Department adopted a PNW program, and we will propose such a the PNW threshold from the long- standard in 1999, the standard itself, form for comment in the next stage standing $750,000 figure, it is important which was adopted by the Small NPRM on the DBE program, which we to keep in mind what an inflationary Business Administration (SBA) before hope to issue in 2011. This NPRM may adjustment does. (Because of the 1989, has never been adjusted for also continue to examine other PNW passage of time from the issuance of the inflation at any time. By 1999, the real issues. NPRM to the present time, the amount dollar value of the original $750,000 Whenever there is a change in a rule of the inflationary adjustment has standard had already been eroded by of this sort, the issue of how to handle changed slightly, from $1.31 million to inflation, and the Department believes the transition between the former rule $1.32 million.) The final rule’s that it is reasonable to take into account and the new rule inevitably arises. We adjustment is based on the Department the effect of inflation on the standard provide the following guidance for of Labor’s consumer price index (CPI) that occurred before as well as after the recipients and firms applying for DBE calculator. This calculator was used Department adopted it. certification. because, of various readily available We appreciate the concerns of • For applications or decertification means of indexing for inflation, CPI commenters who opposed the proposed actions pending on the date this appears to be the one that is most nearly inflationary adjustment. Some of these amendment is published, but before its relevant to an individual’s personal commenters, it appears, may not have effective date, recipients should make wealth. Such an adjustment simply fully understood that an inflationary decisions based on the new standards, keeps things as they were originally in adjustment simply maintains the status though these decisions should not take real dollar terms. quo in real dollar terms. The concern effect until the amendment’s effective That is, in 1989, $750,000 bought a that making the adjustment would favor date. certain amount of goods and services. In larger, established DBEs over smaller, • Beginning on the effective date of 2010, given the effects of inflation over start-up companies has some basis, and this amendment, all new certification 21 years, it would take $1.32 million in reflects the longstanding tension in the decisions must be based on the revised today’s dollars to buy the same amount program between its role as an incubator PNW standard, even if the application of goods and services. The buying for new firms and its purpose of was filed or a decertification action power of assets totaling $750,000 in allowing DBE firms to grow and develop pertaining to PNW began before this 1989 is the same as the buying power of to the point where they may be in a date. assets totaling $1.32 million in 2010. better position to compete for work • If a denial of an application or Notwithstanding the fact that $1.32 outside the DBE program. Allowing decertification occurred before the million, on its face, is a higher number persons with larger facial amounts of publication date of this amendment, than $750,000, the wealth of someone assets may seem to permit participation because the owner’s PNW was above with $1.32 million in assets today is the of people who are less disadvantaged $750,000 but not above $1.32 million, same, in real dollar or buying power than formerly in the program, but and the matter is now being appealed terms, as that of someone with $750,000 disadvantage in the DBE program has within the recipient’s or unified in 1989. always properly been understood as certification program’s (UCP’s) process, Put another way, if the Department relative disadvantage (i.e., relative to then the recipient or UCP should did not adjust the $750,000 number for owners and businesses in the economy resolve the appeal using the new inflation, our inaction would have the generally), not absolute deprivation. standard. Recipients and UCPs may effect of establishing a significantly People who own successful businesses request updated information where lower PNW cap in real dollar terms. A are more affluent, by and large, than relevant. In the case of an appeal PNW cap of $750,000 in 2010 dollars is many people who participate in the pending before the Departmental Office equivalent to a PNW cap of economy only as employees, but this of Civil Rights (DOCR) under section approximately $425,700 in 1989 dollars. does not negate the fact that socially 26.89, DOCR will take the same This means that a DBE applicant today disadvantaged persons who own approach or remand the matter, as would be allowed to have $325,000 less businesses may well, because of the appropriate. in real dollar assets than his or her effects of discrimination, accumulate • If a firm was decertified or its counterpart in 1989. less wealth than their non-socially application denied within a year before The Department believes, in light of disadvantaged counterparts. the effective date of this amendment, this understanding of an inflationary Consequently, the concerns of because the owner’s PNW was above adjustment, that making the proposed opponents of this change are not $750,000 but not above $1.32 million, adjustment at this time is appropriate. sufficient to persuade us to avoid the recipient or UCP should permit the This is a judgment that is shared by the making the proposed inflationary firm to resubmit PNW information majority of commenters and both adjustment. without any further waiting period, and Houses of Congress. We do not believe We do not believe that it is practical, the firm should be recertified if the that any important policy interest is in terms of program administration, to owner’s PNW is not over $1.32 million served by continuing to lower the real have standards that vary with recipient and the firm is otherwise eligible. dollar PNW threshold, which we believe or region. We acknowledge that one size • We view any individual who has would have the effect of further limiting may not fit all to perfection, but the misrepresented his or her PNW the pool of eligible DBE owners beyond complexity of administering a national information, whether before or after the what is intended by the Department in program with a key eligibility standard inflationary adjustment takes effect, as adopting the PNW standard. that varies, perhaps significantly, among having failed to cooperate with the DBE

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program, in violation of 49 CFR An approximately equal number of commenters, mostly recipients, 26.109(c). In addition to other remedies commenters, predominantly recipients suggested time frames ranging from 45– that may apply to such conduct, but also including some DBEs and 90 days. They said that the 30-day time recipients should not certify a firm that associations, opposed the proposal, frame would be very difficult to meet, has misrepresented this information. preferring to keep the existing rules given their resources, and would cause The Department is not ready, at this (under which recipients can, but are not States to accept questionable time, to make a decision on the issue of required to, accept certifications made certifications from other States simply retirement assets. The comments by other recipients) in place. Many of because there was insufficient time to suggested a number of detailed issues these commenters said that their review the documentation they had the Department should consider before certification programs frequently had to been given. Moreover, the 30-day proposing any specific provisions on reject out-of-state firms that had been window would mean that out-of-state this subject. We will further consider certified by their home states because firms would jump to the front of the line commenters’ thoughts on this issue at a the home states had not done a good job for consideration over in-state firms, future time. of vetting the qualifications of the firms concerning which the rule allows 90 for certification. They asserted that there days for certification. This would be Interstate Certification was too much variation among states unfair to in-state firms, they said. In response to longstanding concerns concerning applicable laws and In addition, 22 of 28 commenters on of DBEs and their groups, the NPRM regulations (e.g., with respect to the issue of the burden of proof for proposed a mechanism to make business licensing or marital property interstate certification—again, interstate certification easier. The laws), interpretations of the DBE rule, predominantly recipients—said that it proposed mechanism did not involve forms and procedures, and the training was the out-of-state applicant firm, pure national reciprocity (i.e., in which of certifying agency personnel for rather than State B, that should have the each state would give full faith and something like the NPRM proposal to burden of proof once State B objected to credit to other states’ certification work well. Before going to something a home state certification of the firm. decisions, with the result that a like the NPRM proposal, some of these These commenters also said that is was certification by any state would be commenters said, DOT should do more more sensible to put the out-of-state honored nationwide). Rather, it created to ensure uniform national training, firm in the same position as any other a rebuttable presumption that a firm interpretations, forms etc. applicant for certification by having to Commenters opposed to the NPRM demonstrate to the certifying agency certified in its home state would be proposal were concerned that the that it was eligible, rather than placing certified in other states. A firm certified integrity of the program would be the certification agency in the position in home state A could take its compromised, as questionable firms of the proponent in a decertification application materials to State B. Within certified by one state would slip into the action for a firm that it had previously 30 days, State B would decide either to directories of other states without certified. Again, commenters said, the accept State A’s certification or object to adequate vetting. Moreover, the number NPRM proposal would favor out-of-state it. If it did not object, the firm would be of certification actions each state had to over in-state applicants. certified in State B. If State B did object, consider, and the number of certified A few comments suggested trying the firm would be entitled to a firms that each state would have to reciprocal certification on a regional proceeding in which State B bore the manage, could increase significantly, basis (e.g., in the 10 Federal regions) burden of proof to demonstrate that the straining already scarce resources. before moving to a more national firm should not be certified in State B. A smaller number of commenters approach. Others suggested that only The NPRM also proposed that the DOT addressed the idea of national recent information (e.g., applications Departmental Office of Civil Rights reciprocity. Some of these commenters and on-site reports less than three years (DOCR) would create a database that said that, at least for the future, national old) be acceptable for interstate would be populated with denials and reciprocity was a valuable goal to work certification purposes. Some states decertifications, which the various State toward. Some of these commenters, pointed to state laws requiring local UCPs would check with respect to including an association that performs licenses or registration before a firm applicants and currently certified firms. certification reviews nationally for MBE could do business in the State: Some This issue was one of the most and WBE suppliers (albeit without on- commenters favored limiting out-of- frequently commented-upon subjects in site reviews) and a Member of Congress, state applications to those firms that had the rulemaking. Over 30 comments, supported using such a model now. On obtained the necessary permits, while from a variety of sources including the other hand, other commenters one commenter suggested prohibiting DBEs, DBE organizations, and a prime believed national reciprocity was an States from imposing such requirements contractors’ association. Members of idea whose time had not come, for many prior to DBE certification. Some Congress and others supported the of the same reasons stated by comments suggested limiting the proposed approach. They emphasized commenters opposed to the NPRM grounds on which State B could object that the necessity for repeated proposal. Some of the commenters on to the home state certification of a firm certification applications to various the NPRM proposal said that the (i.e., ‘‘good cause’’ rather than UCPs, and the very real possibility of proposal would result in de facto ‘‘interpretive differences,’’ differences in inconsistent results on the same facts, national reciprocity, which they state law, evidence of fraud in obtaining were time-consuming, burdensome, and believed was bad for the program. home state certification). costly for DBEs. In a national program, Two features of the NPRM proposal There was a variety of other they said, there should be national attracted considerable adverse comments relevant to the issue of criteria, uniformity of forms and comment. Thirty-one of the 34 interstate certification. Most interpretations, and more consistent comments addressing the proposed 30- commenters who addressed the idea of training of certification personnel. The day window for ‘‘State B’’ to decide the DOCR database supported it, though proposed approach, they said, while not whether to object to a home state some said that denial/decertification ideal, would be a useful step toward certification of a firm said that the data should be available only to those goals. proposed time was too short. These certification agencies, not the general

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public. Some also said that having to are so hopelessly inadequate that the opportunities and to establish any input and repeatedly check the data best response is to leave interstate needed administrative mechanisms to base would be burdensome. One barriers in place to contain the carry out the new provision. This will commenter suggested including a firm’s perceived contagion of poorly qualified, also provide time for DOCR to make its Federal Taxpayer ID number in the albeit certified, firms within the database for denials and decertifications database entry. One commenter boundaries of their own states. To the operational. suggested a larger role for the database: contrary, we believe that, under a As under the NPRM, a firm certified Applicants should electronically input system like that proposed in the NPRM, in its home state would present its their application materials to the if firms certified by State A are regularly certification application package to database, which would then be available rebuffed by States B, C, D, etc., State A State B. In response to commenters’ to all certifying agencies, making firms will have an incentive to bring concerns about the time available, State individual submissions of application pressure on their certification agency to B would have 60 days, rather than 30 as information to the States unnecessary. improve its performance. in the NPRM, to determine whether it Some commenters wanted DOT to The Department also believes that had specific objections to the firm’s create or lead a national training and/or suggestions made by commenters, such eligibility and to communicate those accreditation effort for certifier as improving training and standardizing objections to the firm. If State B believed personnel. forms and interpretations, can improve that the firm was ineligible, State B the performance of certification agencies would state, with particularity, the DOT Response generally. In the follow-on NPRM the specific reasons or objections to the Commenters on interstate were almost Department hopes to issue in 2011, one firm’s eligibility. The firm would then evenly divided on the best course of of the subjects we will address is have the opportunity to respond and to action for the Department to take. Most improvements in the certification present information and arguments to DBEs favored making interstate application and PNW forms, which State B concerning the specific certification less difficult for firms that certification agencies then would be objections that State B had made. This wanted to work outside their home required to use without alteration. DOT could be done in writing, at an in- states; most recipients took the opposite already provides many training person meeting with State B’s decision point of view. This disagreement opportunities to certification personnel, maker, or both. Again in response to reflects, we believe, a tension between such as the National Transportation commenters’ concerns, the firm, rather two fundamental objectives of the Institute courses provided by the than State B, would have the burden of program. On one hand, it is important Federal Transit Administration, proof with respect, and only with to facilitate the entry of DBE firms into presentations by knowledgeable DOT respect, to the specific issues raised by this national program, so that they can DBE staff at meetings of transportation State B’s objections. We believe that compete for DOT-assisted contracting organizations, and webinars and other these changes will enhance the ability of wherever those opportunities exist, training opportunities provided by certification agencies to protect the while reducing administrative burdens Departmental Office of Civil Rights integrity of the program while also and costs on the small businesses that personnel. The Department will enhancing firms’ ability to pursue seek to participate. On the other hand, consider further ways of fostering business opportunities outside their it is important to maintain the integrity training and education for certifiers home states. of the program, so that only eligible (e.g., a DOT-provided web-based We emphasize that State B’s firms participate and ineligible firms do training course for certifiers). The objections must be specific, so that the not take unfair advantage of the Department also produces guidance on firm can respond with information and program. certification-related issues to assist arguments focused clearly on the The main concern of proponents of certifiers in making decisions that are particular issues State B has identified, the NPRM proposal was that failing to consistent with this regulation, and we rather than having to make an make changes to facilitate interstate will continue that practice. unnecessarily broad presentation. It is certification would leave in place While we will continue to work with not enough for State B to say ‘‘the firm unnecessary and unreasonable barriers our state and local partners to improve is not controlled by its disadvantaged to the participation of firms outside of the certification process, we do not owner’’ or ‘‘the owner exceeds the PNW their home states. The main concern of believe that steps to facilitate interstate cap.’’ These are conclusions, not opponents of the NPRM proposal was certification should be taken only after specific, fact-based objections. Rather, that making the proposed changes all recipients achieve an optimal level of State B might say ‘‘the disadvantaged would negatively affect program performance. The DBE program is a owner has a full-time job with another integrity. Their comments suggest that national program; administrative organization and has not shown that he there is considerable mistrust among barriers to participation impair the has sufficient time to exercise control certification agencies and programs. important program objective of over the day-to-day operations of the Many commenters appear to believe encouraging DBE firms to compete for firm’’ or ‘‘the owner’s property interests that, while their own certification business opportunities; provisions to in assets X, Y, and Z were improperly programs do a good job, other states’ facilitate interstate certification can be valued and cause his PNW to exceed certification programs do not. Much of drafted in a way that permits ‘‘State B’’ $1.32 million.’’ This degree of specificity the opposition to facilitating interstate to screen out firms that are not eligible is mandatory regardless of the certification appears to have arisen from in accordance with this regulation. regulatory ground (e.g., new this mistrust, as certification agencies Consequently, the Department has information, factual errors in State A’s seek to prevent questionable firms decided to proceed with a modified certification: See section 26.85(d)(2)) on certified by what they perceive as weak form of the NPRM proposal. However, which State B makes an objection. For certification programs in other states the final rule will not make compliance example, if State B objected to the firm’s from infiltrating their domains. with the new section 26.85 mandatory State A certification on the basis that The Department does not believe that until January 1, 2012, in order to State B’s law required a different result, it is constructive to take the position provide additional time for recipients State B would say something like ‘‘State that certification programs nationwide and UCPs to take advantage of training B Revised Statutes Section xx.yyyy

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provides only that a registered engineer a provision in the regulatory text of Part changed materially, in order to avoid has the power to control an engineering 26. burdening the limited resources of firm in State B, and the disadvantaged The final rule also gives, as a ground certifying agencies. Having a owner of the firm is not a registered for objecting to a State A certification, standardized on-site review form would engineer, who is therefore by law that a State B law ‘‘requires’’ a result reduce burdens, some commenters precluded from controlling the firm in different from the law of State (see the suggested. Other commenters suggested State B.’’ engineering example above). To form that the timing of reviews should be left On receiving this specific objection, the basis for an objection on this to certifying agencies’ discretion, or that the owner of the firm would have the ground, a difference between state laws on-site updates should be done on a burden of proof that he or she does meet must be outcome-determinative with random basis of a smaller number of the applicable requirements of Part 26. respect to a certification. For example, firms. In the first example above, the owner State A may treat marital property as The NPRM also asked about the would have to show that either he or jointly held property, while State B is a handling of situations where an she does not now have a full-time job community property state. The laws are applicant withdraws its application elsewhere or that, despite the demands different, but both, in a given case, may before the certifying agency makes a of the other job, he or she can and does well result in each spouse having a 50 decision. Should certifying agencies be control the day-to-day operations of the percent share of marital assets. This able to apply the waiting period (e.g., firm seeking certification. This burden would not form the basis for a State B six or 12 months) used for would be to make the required objection. reapplications after denials in this demonstration by a preponderance of With respect to state requirements for situation? Comments on this issue, the evidence, the same standard used business licenses, the Department mostly from recipients but also from for initial certification actions generally. believes that states should not erect a some DBEs and their associations, were ‘‘ ’’ This owner would not bear any burden Catch 22 to prevent DBE firms from divided. Some commenters said that of proof with respect to size, other states from becoming certified. there were often good reasons for a firm disadvantage, ownership, or other That is, if a firm from State A wants to to withdraw and correct an application aspects of control, none of which would do business in State B as a DBE, it is (e.g., a new firm unaccustomed to the unlikely to want to pay a fee to State B be at issue in the proceeding. The certification process) and that their for a business license before it knows proceeding, and the firm’s burden of experience did not suggest that a lot of whether it will be certified. Making the proof, would concern only matters firms tried to game the system through firm get the business license and pay the about which State B had made a repeated withdrawals. On the other fee before the certification process takes particularized, specific objection. This hand, some commenters said that place would be an unnecessary barrier narrowing of the issues should save having to repeatedly process withdrawn to the firm’s participation that would be time and resources for firms and and resubmitted applications was a contrary to this regulation. burden on their resources that they certification agencies alike. The Department believes that regional would want to mitigate through The firm’s response to State B’s certification consortia, or reciprocity applying a reapplication waiting period. particularized objections could be in agreements among states in a region, are One recipient said that, even in the writing and/or in the form of an in- a very good idea, and we anticipate absence of a waiting period, the person meeting with State B’s decision working with UCPs in the future to help resubmitted application should go to the maker to discuss State B’s objections to create such arrangements. Among other back of the line for processing. Still the firm’s eligibility. The decision things, the experience of actually others wanted to be able to apply case- maker would have to be someone who working together could help to mitigate by-case discretion concerning whether is knowledgeable about the eligibility the current mistrust among certification to impose a waiting period on a provisions of the DBE rule. agencies. However, we do not believe it particular firm. A few commenters We recognize that, in unusual would be appropriate to mandate such suggested middle-ground positions, circumstances, the information the firm arrangements at this time. such as imposing a shorter waiting provided to State B in response to State The Department believes that the period (e.g., 90 days) than that imposed B’s specific objections could contain DOCR database of decertification and on firms who are denied or applying a new information, not part of the original denial actions would be of great use in waiting period only for a second or record, that could form the basis for an the certification process. However, the subsequent withdrawal and additional objection to the firm’s system is not yet up and running. reapplication by the same firm. certification. In such a case, State B Consequently, the final rule includes a Generally, commenters were would immediately notify the firm of one-year delay in the implementation supportive of the various detail-level the new objection and offer the firm a date of requirements for use of the certification provision changes prompt opportunity to respond. database. proposed in the NPRM (e.g., basing Section 26.85(d)(2) of the final rule certification decisions on current lists the grounds a State B can rely upon Other Certification-Related Issues circumstances of a firm). Commenters to object to a State A certification of a The NPRM asked for comment on did speak to a wide variety of firm. These are largely the same as in whether there should be a requirement certification issues, however. One the NPRM. In response to a comment, for periodic certification reviews and/or commenter said that in its state, the the Department cautions that by saying updates of on-site reviews concerning UCP arbitrarily limited the number of that a ground for objection is that State certified firms. The interval most NAICS codes in which a firm could be A’s certification is inconsistent with this frequently mentioned by commenters on certified, a practice the commenter said regulation, we do not intend for mere this subject was five years, though there the regulation should forbid. In interpretive disagreements about the was also some support for three-, six-, addition, this commenter said, the UCP meaning of a regulatory provision to and seven-year intervals. A number of inappropriately limited certification of form a ground for objection. Rather, commenters suggested that such reviews professional services firms owned by State B would have to cite something in should include an on-site update only someone who was not a licensed State A’s certification that contradicted when the firm’s circumstances had professional in a field, even in the

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absence of a state law requiring such information in the media, etc.), the required to consider it before the 20 licensure. A number of commenters said recipient or UCP should review the applications that arrived in the that recipients should not have to firm’s eligibility, including doing an on- meantime. Recipients should also automatically certify SBA-certified 8(a) site review. closely examine changes made to the firms, while another commenter When recipients in other states (see firm since the time of its first recommended reviving the now-lapsed discussion of interstate certification application. DOT–SBA memorandum of above) obtain the home state’s We agree with commenters that it is understanding (MOU) on certification certification information, they must rely not appropriate for recipients to limit issues. A DBE association said that on the on-site report that the home state NAICS codes in which a firm is certified certifying agencies should not count has in its files plus the affidavits of no to a certain number. Firms may be against firms seeking certification (e.g., change, etc. that the firm has filed with certified in NAICS codes for however with respect to independence the home state. It is not appropriate for many types of business they determinations) investments from or State B to object to an out-of-state firm’s demonstrate that they perform and relationships with larger firms that are certification because the home state’s concerning which their disadvantaged permitted under other Federal programs on-site review is older than State B owners can demonstrate that they (e.g., HubZone or other SBA programs). thinks desirable, since that would control. We have added language to the One commenter favored, and another unfairly punish a firm for State A’s regulation making this point. We also opposed, allowing States to use their failure to update the firm’s on-site agree that it is not appropriate for a own business specialty classifications in review. However, if an on-site report is recipient or UCP to insist on addition to or in lieu of NAICS codes. more than three years old, State B could professional certification as a per se One recipient recommended a require that the firm provide an affidavit condition for controlling a firm where provision to prevent owners from to the effect that all the facts in the state law does not impose such a transferring personal assets to their report remain true and correct. requirement. We have no objection to a companies to avoid counting them in While we recognize that reports that recipient or UCP voluntarily using its the PNW calculation. Another said the have not been updated, or which do not own business classification system in certification for the PNW statement appear to contain sufficient analysis of addition to using NAICS codes, but it is should specifically say that the a firm’s eligibility, make certification necessary to use NAICS codes. information is ‘‘complete’’ as well as tasks more difficult, our expectation is SBA has now gone to a self- true. Yet another suggested that a prime that the Department’s enhanced certification approach for small contractor who owns a high percentage interstate certification process will disadvantaged business, the SBA 8(a) (e.g., 49 percent) of a DBE should not be result in improved quality in on-site program differs from the DBE program able to use that DBE for credit. There reviews so that recipients in various in important respects, and the SBA– were a number of suggestions that more states have a clear picture of the DOT memorandum of understanding of the certification process be done structure and operation of firms and the (MOU) on certification matters lapsed electronically, rather than on paper. A qualifications of their owners. To this over five years ago. Under these few comments said that getting back to end, we encourage recipients and UCPs circumstances, we have decided to an applicant within 20 days, as to establish and maintain delete former sections 26.84 and 26.85, proposed in the NPRM, concerning communication in ways that enable relating to provisions of that MOU. whether the application was complete information collected in one state to be DBE firms in the DBE program must was too difficult for some recipients shared readily with certification be fully independent, as provided in who have small staffs. agencies in other states. This Part 26. If a firm has become dependent information sharing can be done on a non-DBE firm through participation DOT Response electronically to reduce costs. in another program, then it may be The Department believes that Firms may withdraw pending found ineligible for DBE program regularly updated on-site reviews are an applications for certification for a purposes. To say otherwise would extremely important tool in helping variety of reasons, many of them create inconsistent standards that would avoid fraudulent firms or firms that no legitimate. A withdrawal of an enable firms already participating in longer meet eligibility requirements application is not the equivalent of a other programs to meet a lower standard from participating in the DBE program. denial of that application. than other firms for DBE participation. Ensuring that only eligible firms Consequently, we believe that it is We believe that adding a regulatory participate is a key part of maintaining inappropriate for recipients and UCPs to provision prohibiting owners from the integrity of the program. We also penalize firms that withdraw pending transferring personal assets to their realize that on-site reviews can be time- applications by applying the up-to-12 companies to avoid counting them in and resource-intensive. Consequently, month waiting period of section 26.86(c) the PNW calculation would be difficult while we believe that it is advisable for to such withdrawals, thereby preventing to implement, since owners of recipients and UCPs to conduct updated the firm from resubmitting the businesses often invest assets in the on-site reviews of certified companies application before that time elapses. We companies for legitimate reasons. on regular and reasonably frequent believe that permitting recipients to However, as an interpretive matter, basis, and we strongly encourage such place resubmitted applications at the recipients are authorized to examine undated reviews, we have decided not end of the line for consideration such transfers and, if they conclude that to mandate a particular schedule, sufficiently protects the recipients’ the transfer is a ruse to avoid counting though we urge recipients to regard on- workloads from being overwhelmed by personal assets toward the PNW site reviews as a critical part of their repeated resubmissions. For example, calculation rather than a legitimate compliance activities. When recipients suppose that Firm X withdraws its investment in the company and its or UCPs become aware of a change in application in August. It resubmits the growth, recipients or UCPs may circumstances or concerns that a firm application in October. Meanwhile, 20 continue to count the assets toward may be ineligible or engaging in other firms have submitted applications. PNW. misconduct (e.g., from notifications of The recipient must accept Firm X’s We agree that the certification for the changes by the firm itself, complaints, resubmission in October, but is not PNW statement should specifically say

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that the information is ‘‘complete’’ as stronger. For example, a commenter a three-year period was problematic. well as true and that a somewhat longer suggested that a violation ‘‘will’’ rather This point of view was advanced time period would be appropriate for than ‘‘could’’ be found for failure to especially by airports. Some other recipients and UCPs to get back to provide the requested information. commenters favored giving recipients applicants with information on whether Another suggested that, beyond looking discretion whether to report annually or their applications were complete. We at goal attainment numbers, the triennially. Commenters who took the have added a regulatory text statement accountability provisions should be point of view that the three-year interval on the former point and extended the broadened to include the recipient’s was preferable agreed with original time period on the latter point to 30 success with respect to a number of rationale of reducing repeated days. program elements (e.g., good faith paperwork burdens on recipients. One If a prime contractor who owns a high efforts on contracts, outreach, DBE commenter asked that the rule specify percentage of a DBE that it wishes to use liaison officer’s role, training and that, especially in a three-year interval on a contract, issues concerning education of staff). schedule of goal submission, a recipient independence, affiliation, and Commenters also presented various ‘‘must’’ submit revisions if commercially useful function can easily ideas for modifying the proposal. These circumstances change. arise. For this reason, recipients should included suggestions that the There was discussion in the NPRM of closely scrutinize such relationships. Department should add a public input the relationship between the goal This scrutiny may well result, in some component, provide more guidance on submission interval and the cases, in denying DBE credit or the shortfall analysis and how to do it, accountability provision. For example, initiating decertification action. delay its effective date to allow if a recipient submitted overall goals on We encourage the use of electronic recipients to find resources to comply, a three-year basis, would the methods in the application and ensure ongoing measurement of accountability provision be triggered certification process. As in other areas, achievements rather than just measuring annually, based on the recipient’s electronic methods can reduce at the end of a year or three-year period, annual report (as the NPRM suggested) administrative burdens and speed up ensure that there is enough flexibility in or only on the basis of the recipient’s the process. explaining the reasons for a shortfall, or performance over the three-year period? Accountability and Goal Submissions lengthen the time recipients have to If there were year-to-year projections submit the materials (e.g., 90 days, or 60 within a three-year goal, would the The NPRM proposed that if a days after the recipient’s report of accountability provision relate to recipient failed to meet its overall goal, commitments and achievements is due). accountability for the annual projection it would, within 60 days, have to One commenter suggested that an or the cumulative three-year goal? analyze the shortfall, explain the explanation should be required only Commenters who favored year-to-year reasons for it, and come up with when there is a pattern of goal projections appeared to believe that corrective actions for the future. All shortfalls, not in individual instances. accountability would best relate to each State DOTs and the largest transit There could be a provision for excusing year’s projection, though the discussion authorities and airports would have to recipients who fell short of their goal by of this issue in the comments was often send their analyses and corrective very small amount, or even if the not explicit. Some comments, including action plans to DOT operating recipient made 80 percent of its goal. one from a Member of Congress, did administrations; smaller transit Opponents of the proposal—mostly favor holding recipients accountable for authorities and airports would retain recipients plus a few associations—said each year’s separate performance. them on file. While there would not be that the proposal would be too There was a variety of other any requirement to meet a goal—to ‘‘hit administratively burdensome. In comments on goal-related issues. Some the number’’—failure to comply with addition, they feared that making commenters asked that the three DOT these requirements could be regarded as recipients explain a shortfall and operating administrations coordinate a failure to implement a recipient’s propose corrective measures would turn submitting goals so that a State DOT program in good faith, which could lead the program into a prohibited set-aside submitting goals every three years to a finding of noncompliance with the or quota program, a concern that was would be able to submit its FHWA, regulation. particularly troublesome in states FAA, and FTA goals in the same year. In a related provision, the Department affected by the Western States decision. A DBE group wanted the Department to asked questions in the NPRM Moreover, a number of commenters strengthen requirements pertaining to concerning the recent final provision said, the inability of recipients to meet the race-neutral portion of a recipient’s concerning submitting overall goals on overall goals was often the result of overall goal. A commenter who works a three-year, rather than an annual, factors beyond their control. In addition, with transit vehicle manufacturers basis. In particular, the NPRM asked recipients might unrealistically reduce requested better monitoring of transit whether it should be acceptable for a goals in order to avoid having to explain vehicle manufacturers by FTA. A group recipient to submit year-to-year missing a more ambitious target. representing DBEs wanted recipients to projections of goals within the structure With respect to the reporting intervals focus on potential, and not just certified, of a three-year goal and how for goals, 28 of the 39 commenters who DBEs for purposes of goal setting. The implementation of the accountability addressed the issue favored some form same group also urged consideration of proposal would work in the context of of at least optional yearly reporting of separate goals for minority- and women- a three-year goal, whether or not year- goals, either in the form of annual goal owned firms. to-year projections were made. submissions or, more frequently, of About two-thirds of the 64 comments year-to-year projections of goals within DOT Response addressing the accountability provision the framework of a three-year overall Under Part 26, the Department has supported it. These commenters goal. The main reason given for this always made unmistakably clear that included DBEs, recipients, and some preference was a concern that projects the DBE program does not impose associations and other commenters. and the availability of Federal funding quotas. No one ever has been, or ever Some of these commenters, in fact, for them were sufficiently volatile that will be, sanctioned for failing to ‘‘hit the thought the proposal should be made making a projection that was valid for number.’’ However, goals must be

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implemented in a meaningful way. A would be book-length; a reasonable understand that some recipients, recipient’s overall goal represents its succinct summary of the recipient’s especially airports, may be more estimate of the DBE participation it analysis and proposed actions should be comfortable with annual projections and would achieve in the absence of sufficient though, like all documents updates of overall goals. We have no discrimination and its effects. Failing to submitted in connection with the DBE objection to recipients making annual meet an overall goal means that the program, it should show the work and projections, for informational purposes, recipient has not completely remedied reasoning leading to the recipient’s within the three-year overall goal. It is discrimination and its effects in its conclusions. still the formally submitted and DOT-assisted contracting. In the For example, a recipient might reviewed three-year goal, however, and Department’s view, good faith determine that its process for not the informal annual projections, that implementation of a DBE program by a ascertaining whether prime bidders who count from the point of view of the recipient necessarily includes failed to meet contract goals had made accountability mechanism. For example, understanding why the recipient has not adequate good faith efforts was too suppose an airport has a three-year completely remedied discrimination weak, and that prime bidders annual overall goal of 12 percent. For and its effects, as measured by falling consequently received contracts despite informational purposes, the airport short of its ‘‘level playing field’’ estimate making insufficient efforts to find DBEs chooses to make informal annual of DBE participation embodied in its for contracts. In such a case, the projections of 6, 12, and 18 percent for overall goal. Good faith implementation recipient could take corrective action years 1–3, respectively (which, by the further means that, having considered such as more stringent review of bidder way, are not required to be submitted to the reasons for such a shortfall, the submissions or meeting with prime the Department). The accountability recipient will devise program actions to bidders to provide guidance and mechanism requirements would be help minimize the potential for a assistance on how to do a better job of triggered in each of the three years shortfall in the future. making good faith efforts. covered by the overall goal if DBE Under the Department’s procedures We agree that there may be achievements in each year were less for reviewing overall goals and the circumstances in which a recipient’s than 12 percent. methodology supporting them, the inability to meet a goal is for reasons The Department agrees that recipients Department has the responsibility of beyond its control. If that is the case, the should be accountable for effectively ensuring that a recipient’s goals are recipient’s response to this requirement carrying out the race-neutral portion of well-grounded in relevant data and are can be to identify such factors, as well their programs. If a recipient fell short derived using a sound methodology. as suggesting how these problems may of its overall goal because it did not The Department would not approve a be taken into account and surmounted achieve the projected race-neutral recipient’s goal submission if it in the future. We also agree with those portion of its goal, then this is appeared to understate the ‘‘level commenters who said that good-faith something the recipient would have to playing field’’ amount of DBE implementation of a DBE program explain and establish measures to participation the recipient could involves more than meeting an overall correct (e.g., by stepping up race-neutral rationally expect, whether to avoid goal. Factors like those cited by efforts and/or concluding that it needed being accountable under the new commenters are important as part of an to increase race-conscious means of provisions of the rule or for other overall evaluation of a recipient’s achieving its goal). We also agree that it reasons. success. This accountability provision, is reasonable, in calculating goals and in For these reasons, the Department is however, is intended to focus on the doing disparity studies, to consider adopting the NPRM’s proposed process recipients are using to achieve potential DBEs (e.g., firms apparently accountability mechanism. We do not their overall goals, rather than to act as owned and controlled by minorities or believe that the concerns of some a total program evaluation tool. The women that have not been certified commenters that this mechanism would operating administrations will continue under the DBE program) as well as create a quota system are justified: No to conduct program reviews that address certified DBEs. This is consistent with one will be penalized for failing to meet the breadth of recipients’ program good practice in the field as well as with an overall goal. Moreover, promoting implementation. DOT guidance. Separate goals for transparency and accountability is not The Department believes that a clear, various groups of disadvantaged synonymous with imposing a penalty bright-line trigger for the application of individuals are possible with a program and should not be viewed as such. the accountability provision makes the waiver of the DBE regulation, if a Understanding the reasons for not most sense administratively and in sufficient case is made for the need for meeting a goal and coming up with terms of achieving the purpose of the group-specific goals. ways of avoiding a shortfall in the provision. Consequently, we are not In the section of the rule concerning future, while not creating a quota adopting suggestions that the provision goal-setting (49 CFR 26.45), the system, do help to ensure that recipients be triggered only by a pattern of missing Department is also taking this take seriously the responsibility to goals, or an average of missing goals opportunity to make a technical address discrimination and its effects. over the period of a three-year overall correction. In the final rule establishing Moreover, the administrative burden goal, or a shortfall of a particular the three year DBE goal review cycle, of compliance falls only on those percentage. Any shortfall means that a the Department inadvertently omitted recipients who fail to meet a goal, not recipient has dealt only incompletely from § 26.45(f)’s regulatory text on all recipients. Understanding what is with the effects of discrimination, and paragraphs (3), (4), and (5), which happening in one’s program, why it is we believe that it is appropriate in any govern the content of goal submissions, happening, and how to fix problems is, such case that the recipient understand operating administration review of the or ought to be, a normal, everyday part why that is the case and what steps to submission, and review of interim goal of implementing a program, so the take to improve program setting mechanisms. It was never the analytical tasks involved in meeting this implementation in the future. intent of the Department to remove or requirement should not be new to The three-year goal review interval otherwise change those provisions of recipients. We do not envision that was intended to reduce administrative section 26.45(f) of the rule. This final recipients’ responses to this requirement burdens on recipients. Nevertheless, we rule corrects that error by restructuring

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paragraphs (1) and (2) of section 26.45(f) burdensome, particularly for recipients Recipients must actually monitor each and restoring the language of paragraphs with small staffs. The certification contract, on paper and in the field, to (3), (4), and (5) of that section of the requirement could duplicate existing ensure that that they have this rule. We apologize for any confusion commercially useful function reviews. knowledge. Monitoring DBE compliance that this error may have caused. They also doubted the payoff in terms on a contract is no less important, and The Department supports strong of improved DBE program should be no more brushed aside, than outreach efforts by recipients to implementation would be worth the compliance of with project encourage minority- and women-owned effort. Some recipients said that they specifications. This is important for firms to become certified as DBEs, so did monitor post-award performance prime contracts performed by DBEs as that recipients can set and meet realistic and that the proposed additional well as for situations in which DBEs act goals. However, we caution recipients paperwork requirement step would add as subcontractors, and the monitoring against stating or implying that little to the substance of their processes. and certification requirements will minority- and women-owned firms can One recipient noted that it would be apply to both situations. participate in recipients’ contracts only very difficult to perform an on-site Consequently, the Department if they become certified as DBEs. It review of contract performance in the believes that the proposed requirement would be contrary to nondiscrimination case of professional services consultants that recipients memorialize the requirements of this part and of Title VI whose work was performed out of state. monitoring they are already required to for a recipient to limit the opportunity One recipient suggested that a middle perform has merit. Its intent is to make of minority- or women-owned firms to ground might be to have the recipient sure that the monitoring actually takes compete for any contract because the certify monitoring of a sample of place and that the recipient stands by firm was not a certified DBE. contracts, since it lacked the staff for the statement that DBE participation field monitoring of all contracts. A claimed on a contract actually occurred. Program Oversight consultant suggested selecting contracts This monitoring, and the recipient’s The NPRM proposed to require for monitoring based on a ‘‘risk-based written certification that it took place, recipients to certify that they have analysis’’ of contracts or by focusing on must occur with respect to every monitored the paperwork and on-site contracts where prime contractors’ contract on which DBE participation is performance of DBE contracts to make achievements did not measure up to claimed, not just a sample or percentage sure that DBEs actually perform them. their commitments. One recipient of such contracts, to make sure that the Comment was divided on this proposal, suggested limiting the certification program operates as it is intended. It with 21 comments favoring either the requirement to one commercially useful applies to contracts entered into prior to proposal or stronger oversight function review per year on a contract. the effective date of this rule, since the mechanisms and 18 opposed. A few recipients asked for guidance on obligation to monitor work performed Commenters who favored the what constituted adequate staffing for by DBEs has always been a key feature proposal, including DBEs and some the DBE program. of the DBE program. associations and recipients, generally With respect to concerns about believed that the provision would make DOT Response administrative burden, the Department it less likely that post-award abuse of The Department’s DBE rule already believes that monitoring is something DBEs by prime contractors would occur. includes a provision (49 CFR 26.37(b)) that recipients have been responsible for One recipient noted that it already requiring recipients to have a conducting since the inception of Part followed this approach with respect to monitoring and enforcement mechanism 26. Therefore, we are not asking ARRA grants. Some commenters wanted to ensure that work committed to DBEs recipients to do something with which the Department to require additional is actually performed by DBEs. The they can claim they are unfamiliar. steps, such as requiring recipients to trouble is that, based on the Moreover, as the final rule version of make periodic visits to the job site and Department’s experience, this provision this provision makes clear, recipients keeping records of each visit, to ensure is not being implemented by recipients can combine the on-site monitoring for that the DBELO did in fact have direct as well as it should be. The FHWA DBE compliance with other monitoring access to the organization’s CEO review team that has been examining they do. For example, the inspector who concerning DBE matters, and to state implementation of the DBE looks at a project to make sure that the maintain sufficient trained staff to do program found that many states did not contractor met contract specifications needed monitoring. DBE associations have an effective compliance before final payment is authorized could wanted mandatory monitoring of good monitoring program in place. DBE fraud also confirm that DBE requirements faith efforts (e.g., by keeping records of cases investigated by the Department’s were honestly met. all contacts made by prime contractors) Office of Inspector General and criminal While we believe that more intensive and terminations of DBEs by prime prosecutions in the Federal courts have and more frequent monitoring of DBE contractors, as well as to have highlighted numerous cases in which performance on contracts is desirable, certifications signed by persons higher recipients were unaware, often for many we encourage recipients to monitor up in the organization than the DBELO years, of situations in which non-DBE contracts as closely as they can. (e.g., the CEO). Another commenter companies were claiming DBE credit for However, we do not, for workload sought further checking concerning work that DBEs did not perform. reasons, want to mandate more counting issues. A consultant and a The Department believes that, for the pervasive monitoring at this time. We recipient suggested that recipient DBE program to be meaningful, it is not agree with commenters that it would be certifications should be more frequent enough that prime contractors commit difficult to do on-site monitoring of than a one-time affair, (e.g., monthly or to the use of DBEs at the time of contract contracts performed outside the state quarterly). award. It is also necessary that the DBEs (e.g., an out-of-state consulting Commenters who opposed the NPRM actually perform the work involved. contract), and we have added language proposal, most of whom were Recipients need to know whether DBEs specifying that the requirement to recipients, said that the workload the are actually performing the work monitor work sites pertains to work certification requirement would create involved, lest program effectiveness sites in the recipient’s state. In reference would be too administratively suffer and the door be left open to fraud. to what constitutes adequate staffing of

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a DBE program, we believe that it is best explained that both performance and program—need not distract recipients to look at this question in terms of a payment bonds had an appropriate from other key parts of recipients’ DBE performance standard. The place in contracting and believed that programs, such as certification and the Department’s rule requires certain tasks subcontractor bonds were not use of race-conscious measures. There (e.g., responding to applications for DBE duplicative of prime contractor bonds. are different ways of encouraging DBE eligibility, certification and monitoring A DBE wanted to prohibit prime participation and meeting DBE overall of DBE performance on contracts) to be contractors from setting bonding goals, and recipients’ programs need to performed within certain time frames. If requirements for subcontractors. A address a variety of these means. Many a recipient has sufficient staff to meet recipient said the Department should of the provisions that recipients can use these requirements, then its staffing treat prime contractors and to implement the requirements of the levels are adequate. If not (e.g., subcontractors the same for bonding new section (e.g., unbundling, race- applications for DBE certification are purposes. One DBE association said the neutral small business set-asides) are backlogged for several months), then combination of payment bonds, already part of the regulation or DOT staffing is inadequate. performance bonds, and retention was guidance, and carrying out these burdensome for subcontractors and elements should not involve extensive Small Business Provisions Another DBE association said that it was additional burdens. The NPRM proposed that recipients inappropriate to require bonding of the With respect to bonding, the would add an element to their DBE subcontractor when the prime Department believes that commenters programs to foster small business contractor was already bonded for the made a good point with respect to the participation in contracts. The purpose overall work of the contract. This burden of duplicative bonding. By of this proposal was to encourage association suggested that a prime duplicative bonding, we mean programs that, by facilitating small contractor could not demonstrate good insistence by a prime contractor that a business participation, augmented race- faith efforts to meet a goal if it insisted DBE provide bonding for work that is neutral efforts to meet DBE goals. The on such a double bond. already covered by bonding or program element could include items insurance provided by the prime such as race-neutral small business set- DOT Response contractor or the recipient. Like asides and unbundling provisions. The DBEs are small businesses. Program duplicative bonding, excessive NPRM did not propose to mandate any provisions that help small businesses bonding—a requirement, which specific elements, however. can help DBEs. By facilitating according to participants in the The majority of commenters participation for small businesses, Department’s stakeholder meetings, is addressing this part of the NPRM—38 of recipients can make possible more DBE sometimes imposed to provide a bond 55—favored the NPRM’s approach. participation, and participation by in excess of the value of the Commenters approving the proposal additional DBE firms. Consequently, we subcontractor’s work—can act as an were drawn from DBEs, associations, believe that a program element that unnecessary barrier to DBE and recipients. Generally, they agreed pulls together the various ways that a participation. While we believe that that steps to create improved recipient reaches out to small additional action to address these opportunities for small business would businesses and makes it easier for them problems may have merit, there was not help achieve the objectives of the DBE to compete for DOT-assisted contracts a great deal of comment on the program. Specific elements that various will foster the objectives of the DBE implications of potential regulatory commenters supported included program. Because small business requirements in these areas. unbundling (which some commenters programs of the kind suggested in the Consequently, we will defer action on suggested should be made mandatory), NPRM are race-neutral, use of these these issues at this time and seek prohibiting double-bonding, small programs can assist recipients in additional comment and information in business set-asides, expansions of meeting the race-neutral portions of the follow-on NPRM the Department is existing small business development their overall goals. This is consistent planning to issue. programs and mentor-prote´ge´ programs. with the language that under Part 26, Commenters who did not support the recipients are directed to meet as much Miscellaneous Comments NPRM proposal, most of whom were as possible of their overall goals through Several commenters expressed recipients, were concerned that having race-neutral means. general support for the DBE program small business programs would draw It is important to keep in mind that and/or the NPRM, while two focus from programs targeted more race-neutral programs should not be commenters opposed the DBE program directly at DBEs. They were also passive. Simply waiting and hoping that in general. A large number of comments concerned about having sufficient occasional DBEs will participate from an advocacy organization’s resources to carry out the programs they without the use of contract goals does members supported additional bonding might include in a small business not an effective race-neutral program assistance and more frequent data program element. One commenter make. Rather, recipients are responsible reporting. A commenter wanted to add thought that a small business program for taking active, effective steps to DBE coverage for Federal Railroad element would duplicate existing increase race-neutral DBE participation, Administration (FRA) grants. supportive services programs. Another by implementing programs of the kind Commenters also suggested such steps thought unbundling would not work. A mentioned in this section of the NPRM as increasing technical assistance, using number of recipients thought it would and final rule. The Department will be project labor agreements to increase be better for DOT to issue guidance on monitoring recipients’ race-neutral DBE participation, an SBA 8(a) program- this subject rather than to create programs to make sure that they meet like term limit on participation in the regulatory language. A recipient this standard. DBE program, a better uniform reporting association characterized the proposal In adopting the NPRM proposal form, greater ease in complaining to as burdensome and not productive. requiring a small business program DOT and recipients about Eight commenters addressed the issue element, the Department believes that noncompliance issues, and putting of bonding and insurance requirements. this element—which is properly viewed current joint check guidance into the A bonding company association as an integral part of a recipient’s DBE rule’s text.

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DOT Response Owned Businesses’’ and the information compliance on them. We have analyzed The Department already has programs and documents cited therein. This this rule under the Order and have in place concerning bonding and data information confirms the continuing determined that it does not have reporting. There is not currently a compelling need for race- and gender- implications for federalism, since it direct, specific statutory mandate for a conscious programs such as the DOT merely makes administrative DBE program in FRA financial DBE program. modifications to an existing program. It does not change the relationship assistance programs, though the Regulatory Analyses and Notices Department is considering ways of between the Department and State or ensuring nondiscrimination in Executive Order 12866 and DOT local governments, pre-empt State law, contracting in these programs. For Regulatory Policies and Procedures or impose substantial direct compliance costs on those governments. example, like all recipients of Federal This is a nonsignificant regulation for financial assistance, FRA recipients are purposes of Executive Order 12866 and Paperwork Reduction Act subject to requirements under Title VI of the Department of Transportation’s As required by the Paperwork the Civil Rights Act of 1964. Existing Regulatory Policies and Procedures. Its Reduction Act of 1995, DOT has programs, such as the FHWA supportive provisions involve administrative submitted the Information Collection services program and various initiatives modifications to several provisions of a Requests (ICRs) below to the Office of by the Department’s Office of Small and long-existing and well-established Management and Budget (OMB). Before Disadvantaged Business Utilization, are program, designed to improve the OMB decides whether to approve these in place to assist DBEs in being program’s implementation. The rule proposed collections of information and competitive. Given the language of the does not alter the direction of the issue a control number, the public must statutes authorizing the DOT DBE program, make major policy changes, or be provided 30 days to comment. program, we do not believe that a term impose significant new costs or Organizations and individuals desiring limit on the participation of DBE burdens. to submit comments on the collections companies would be permissible. The of information in this rule should direct Department is working on Regulatory Flexibility Act them to the Office of Management and improvements on all its DBE forms, and A number of provisions of the rule Budget, Attention: Desk Officer for the we expect to seek comment on revised reduce small business burdens or Office of the Secretary of forms in the follow-on NPRM we increase opportunities for small Transportation, Office of Information anticipate publishing. At this point, we business, notably the interstate and Regulatory Affairs, Washington, DC think that the joint check guidance is certification process and the small 20503. OMB is required to make a sufficient without codification, but we business DBE program element decision concerning the collection of can look at this issue, among other provisions. Small recipients would not information requirements contained in certification issues, in the next round of be required to file reports concerning this rule between 30 and 60 days after rulemaking. the reasons for overall goal shortfalls publication of this document in the The Continuing Compelling Need for and corrective action steps to be taken. Federal Register. Therefore, a comment the DBE Program Only State DOTs, the 50 largest transit is best assured of having its full effect authorities, and the 30–50 airports if OMB receives it within 30 days of As numerous court decisions have receiving the greatest amount of FAA noted,1 the Department’s DBE publication. financial assistance would have to file We will respond to any OMB or regulations, and the statutes authorizing these reports. The task of sending copies them, are supported by a compelling public comments on the information of on-site review reports to other collection requirements contained in need to address discrimination and its certification entities fall on UCPs, which effects. This basis for the program has this rule. The Department will not are not small entities, and in any case impose a penalty on persons for been established by Congress and can be handled electronically (e.g., by applies on a nationwide basis. Both the violating information collection emailing PDF copies of the documents). requirements which do not display a House and Senate FAA reauthorization While all recipients would have to input bills contained findings reaffirming the current OMB control number, if information about decertifications and required. The Department intends to compelling need for the program. We denials into a DOT database, this would would also call to readers’ attention the obtain current OMB control numbers for be a quick electronic process that would the new information collection additional information presented to the not be costly or burdensome. In any House of Representatives in a March 26, requirements resulting from this case, this requirement will be phased in rulemaking action. The OMB control 2009, hearing before the Transportation as the Department prepares to put the and Infrastructure Committee and made number, when assigned, will be database online. The rule does not make announced by separate notice in the a part of the record of that hearing and major policy changes that would cause a Department of Justice document Federal Register. recipients to expend significant It is estimated that the total entitled ‘‘The Compelling Interest for resources on program modifications. For incremental annual burden hours for the Race- and Gender-Conscious Federal these reasons, the Department certifies information collection requirements in Contracting Programs: A Decade Later that the rule does not have a significant this rule are 47,450 hours in the first An Update to the May 23, 1996 Review economic effect on a substantial number year, 83,370 in the second year, and of Barriers for Minority- and Women- of small entities. 51,875 thereafter. The following are the information collection requirements in 1 See for instance Adarand Constructors, Inc. v. Federalism Slater, 228 F.3d 1147 (10th Cir. 2000), Northern this rule: Contracting Inc. v. Illinois Department of A rule has implications for federalism Transportation, 473 4.3d 715 (7th Cir. 2007), under Executive Order 13132, Certification of Monitoring (49 CFR Sherbrooke Turf, Inc. v. Minnesota Department of Federalism, if it has a substantial direct 26.37(b)) Transportation, 345 F.3d. 964 (8th Cir. 2003), Each recipient would certify that it Western States Paving Co., Inc. v. Washington effect on State or local governments and Department of Transportation, 407 F.3d. 983 (9th would either preempt State law or had conducted post-award monitoring Cir. 2005). impose a substantial direct cost of of contracts which would be counted for

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DBE credit to ensure that DBEs had provides to State B is complete and is of an existing document. This done the work for which credit was identical to that submitted to the home requirement goes into effect a year from claimed. The certification is for the state. The calculation of the burden for the effective date of the rule. purpose of ensuring accountability for this item assumes that there will be an Respondents: 52. monitoring which the regulation already average 2600 interstate applications Frequency: An average of 75 per year requires. each year to which this requirement per recipient. Respondents: 1,050. would apply. This requirement takes Estimated Average Burden per Frequency: 13,400 (i.e., there are effect a year from the effective date of Response: five minutes for the request; about 13,400 contracts per year that this rule. 1⁄2 hour for the response. have DBE participation, based on 2009 Respondents: 2,600. Estimated Total Annual Burden data). Frequency: Once per year to a given Hours: 2,625. Estimated Burden per Response: 1⁄2 recipient. List of Subjects in 49 CFR Part 26 hour. Estimated Average Burden per Administrative practice and Estimated Total Annual Burden: Response: 1 hour. 6,700 hours. Estimated Total Annual Burden procedure, Airports, Civil rights, Hours: 2,600 hours. Government contracts, Grant- Small Business Program Element (49 programs—transportation, Mass CFR 26.39) Transmittal of On-Site Report (49 CFR transportation, Minority businesses, Each recipient would add a new DBE 26.85(d)(1)) Reporting and record keeping program element, consisting of When a ‘‘State B’’ receives a request requirements. strategies to encourage small business for certification from a firm certified in Issued this 11th day of January, 2011, at participation in their contracting ‘‘State A,’’ State A must promptly send Washington, DC. activities. No specific element would be a copy of that report to State B. This Ray LaHood, required, and many of the potential would involve simply emailing a PDF or Secretary of Transportation. elements are already part of the existing other electronic copy of an existing For the reasons set forth in the DBE regulation or implementing report. This requirement takes effect one preamble, the Department amends 49 guidance (e.g., unbundling; race-neutral year from the effective date of this rule. CFR Part 26 as follows: small business set-asides). The small Respondents: 52. business program element is intended to Frequency: An average of 50 per year PART 26—PARTICIPATION BY pull a recipient’s small business efforts per recipient. DISADVANTAGED BUSINESS into a single, unified place in this DBE Estimated Average Burden per ENTERPRISES IN DEPARTMENT OF Program. This requirement goes into Response: 1⁄2 hour. TRANSPORTATION FINANCIAL effect a year from the effective date of Estimated Total Annual Burden ASSISTANCE PROGRAMS the rule. Hours: 1,300. Respondents: 1,050. ■ 1. The authority citation for part 26 is Transmittal of Decertification/Denial amended to read as follows: Frequency: Once (for a one-time task). Information (49 CFR 26.85(f)(1)) Estimated Burden per Response: 30 Authority: 23 U.S.C. 304 and 324; 42 hours. When a unified certification program U.S.C. 2000d, et seq. ; 49 U.S.C. 47107, Estimated Total Annual Burden (UCP) in a state denies a firm’s 47113, 47123; Sec. 1101(b), Pub. L. 105–178, Hours: 31,500 (one time). application for certification or 112 Stat. 107, 113. decertifies the firm, it must ■ 2. In section 26.5, add a definition of Accountability Mechanism (49 CFR electronically notify a DOT database of 26.47(c)) ‘‘Home state’’ in alphabetical order to the fact. The information in the database read as follows: If a recipient failed to meet its overall is then available to other certification goal in a given year, it would have to agencies for their reference. The § 26.5 What do the terms used in this part determine the reasons for its failure and calculation of the burden of this mean? establish corrective steps. requirement assumes that there would * * * * * Approximately 150 large recipients be am average of 100 such actions per ‘‘Home state’’ means the state in which would transmit this analysis to DOT; year by each UCP. a DBE firm or applicant for DBE smaller recipients would perform the Respondents: 52. certification maintains its principal analysis but would not be required to Frequency: An average of 100 per year place of business. submit it to DOT. We estimate that per recipient. * * * * * about half of recipients would be subject Estimated Average Burden per ■ 3. In § 26.11, add paragraph (a) to read 1 to this requirement in a given year. Response: ⁄2 hour. as follows: Respondents: 525 (150 of which Estimated Total Annual Burden would have to submit reports to DOT). Hours: 2,600. § 26.11 What records do recipients keep and report? Frequency: Once per year. Transmittal of Denial/Decertification Estimated Average Burden per (a) You must transmit the Uniform Documents (49 CFR 26.85(f)(3)) Response: 80 hours + 5 for recipients Report of DBE Awards or Commitments sending report to DOT. When a UCP notes, from the DOT and Payments, found in Appendix B to Estimated Total Annual Burden database, that a firm that has applied or this part, at the intervals stated on the Hours: 42,750. been granted certification was denied or form. decertified elsewhere, the UCP would Affidavit of Completeness (49 CFR * * * * * request a copy of the decision by the ■ 4. Revise § 26.31 to read as follows: 26.45(c)(4)) other state, which would then have to When a firm certified in its home state send a copy. The Department § 26.31 What information must you include seeks certification in another state anticipates that this would be done by in your DBE directory? (‘‘State B’’), the firm must provide an an email exchange, the response (a) In the directory required under affidavit that the information the firm attaching a PDF or other electronic copy § 26.81(g) of this Part, you must list all

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firms eligible to participate as DBEs in that are of a size that small businesses, (iv) The funds for the project to which your program. In the listing for each including DBEs, can reasonably the project goal pertains are separated firm, you must include its address, perform. from the base from which your regular phone number, and the types of work (3) On prime contracts not having overall goal, applicable to contracts not the firm has been certified to perform as DBE contract goals, requiring the prime part of the project covered by a project a DBE. contractor to provide subcontracting goal, is calculated. (b) You must list each type of work for opportunities of a size that small (f)(1)(i) If you set your overall goal on which a firm is eligible to be certified businesses, including DBEs, can a fiscal year basis, you must submit it by using the most specific NAICS code reasonably perform, rather than self- to the applicable DOT operating available to describe each type of work. performing all the work involved. administration by August 1 at three-year You must make any changes to your (4) Identifying alternative acquisition intervals, based on a schedule current directory entries necessary to strategies and structuring procurements established by the FHWA, FTA, or FAA, meet the requirement of this paragraph to facilitate the ability of consortia or as applicable, and posted on that (a) by August 26, 2011. joint ventures consisting of small agency’s Web site. ■ 5. Revise § 26.37 (b) to read as follows: businesses, including DBEs, to compete (ii) You may adjust your three-year for and perform prime contracts. overall goal during the three-year period § 26.37 What are a recipient’s (5) To meet the portion of your overall to which it applies, in order to reflect responsibilities for monitoring the goal you project to meet through race- changed circumstances. You must performance of other program participants? neutral measures, ensuring that a submit such an adjustment to the * * * * * reasonable number of prime contracts concerned operating administration for (b) Your DBE program must also are of a size that small businesses, review and approval. include a monitoring and enforcement including DBEs, can reasonably (iii) The operating administration may mechanism to ensure that work perform. direct you to undertake a review of your committed to DBEs at contract award or (c) You must actively implement your goal if necessary to ensure that the goal subsequently (e.g., as the result of program elements to foster small continues to fit your circumstances modification to the contract) is actually business participation. Doing so is a appropriately. performed by the DBEs to which the requirement of good faith (iv) While you are required to submit work was committed. This mechanism implementation of your DBE program. an overall goal to FHWA, FTA, or FAA must include a written certification that ■ 7 . In § 26.45: only every three years, the overall goal you have reviewed contracting records ■ a. Revise paragraphs (e)(2), (e)(3), and the provisions of Sec. 26.47(c) and monitored work sites in your state (f)(1), and (f)(2); apply to each year during that three-year for this purpose. The monitoring to ■ b. Redesignate paragraphs ((f)(3) and period. which this paragraph refers may be (f)(4) as (f)(6) and (f)(7), respectively; (v) You may make, for informational conducted in conjunction with and purposes, projections of your expected monitoring of contract performance for ■ c. Add new paragraphs (f)(3), (4), and DBE achievements during each of the other purposes (e.g., close-out reviews (5). three years covered by your overall goal. for a contract). The revisions and addition read as However, it is the overall goal itself, and follows: * * * * * not these informational projections, to ■ 6. Add § 26.39 to subpart B to read as § 26.45 How do recipients set overall which the provisions of section 26.47(c) follows: goals? of this part apply. (2) If you are a recipient and set your * * * * * § 26.39 Fostering small business (e) * * * overall goal on a project or grant basis participation. (2) If you are an FTA or FAA as provided in paragraph (e)(3) of this (a) Your DBE program must include recipient, as a percentage of all FT or section, you must submit the goal for an element to structure contracting FAA funds (exclusive of FTA funds to review at a time determined by the requirements to facilitate competition be used for the purchase of transit FHWA, FTA or FAA Administrator, as by small business concerns, taking all vehicles) that you will expend in FTA applicable. reasonable steps to eliminate obstacles or FAA-assisted contracts in the three (3) You must include with your to their participation, including forthcoming fiscal years. overall goal submission a description of unnecessary and unjustified bundling of (3) In appropriate cases, the FHWA, the methodology you used to establish contract requirements that may preclude FTA or FAA Administrator may permit the goal, incuding your base figure and small business participation in or require you to express your overall the evidence with which it was procurements as prime contractors or goal as a percentage of funds for a calculated, and the adjustments you subcontractors. particular grant or project or group of made to the base figure and the (b) This element must be submitted to grants and/or projects. Like other overall evidence you relied on for the the appropriate DOT operating goals, a project goal may be adjusted to adjustments. You should also include a administration for approval as a part of reflect changed circumstances, with the summary listing of the relevant your DBE program by February 28, concurrence of the appropriate available evidence in your jurisdiction 2012. As part of this program element operating administration. and, where applicable, an explanation you may include, but are not limited to, (i) A project goal is an overall goal, of why you did not use that evidence to the following strategies: and must meet all the substantive and adjust your base figure. You must also (1) Establishing a race-neutral small procedural requirements of this section include your projection of the portions business set-aside for prime contracts pertaining to overall goals. of the overall goal you expect to meet under a stated amount (e.g., $1 million). (ii) A project goal covers the entire through race-neutral and race-consioous (2) In multi-year design-build length of the project to which it applies. measures, respectively (see 26.51(c)). contracts or other large contracts (e.g., (iii) The project goal should include a (4) You are not required to obtain for ‘‘megaprojects’’) requiring bidders on projection of the DBE participation prior operating administration the prime contract to specify elements anticipated to be obtained during each concurrence with your overall goal. of the contract or specific subcontracts fiscal year covered by the project goal. However, if the operating

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administration’s review suggests that (4) FHWA, FTA, or FAA may impose goals during that year, unless it becomes your overall goal has not been correctly conditions on the recipient as part of its necessary in order meet your overall calculated, or that your method for approval of the recipient’s analysis and goal. calculating goals is inadequate, the corrective actions including, but not Example to paragraph (f)(1): Your operating administration may, after limited to, modifications to your overall overall goal for Year 1 is 12 percent. consulting with you, adjust your overall goal methodology, changes in your race- You estimate that you can obtain 12 goal or require that you do so. The conscious/race-neutral split, or the percent or more DBE participation adjusted overall goal is binding on you. introduction of additional race-neutral through the use of race-neutral (5) If you need additional time to or race-conscious measures. measures, without any use of contract collect data or take other steps to (5) You may be regarded as being in goals. In this case, you do not set any develop an approach to setting overall noncompliance with this Part, and contract goals for the contracts that will goals, you may request the approval of therefore subject to the remedies in be performed in Year 1. However, if part the concerned operating administration § 26.103 or § 26.105 of this part and way through Year 1, your DBE awards for an interim goal and/or goal-setting other applicable regulations, for failing or commitments are not at a level that mechanism. Such a mechanism must: to implement your DBE program in good would permit you to achieve your (i) Reflect the relative availability of faith if any of the following things overall goal for Year 1, you could begin DBEs in your local market to the occur: setting race-conscious DBE contract maximum extent feasible given the data (i) You do not submit your analysis goals during the remainder of the year available to you; and and corrective actions to FHWA, FTA, as part of your obligation to implement (ii) Avoid imposing undue burdens on or FAA in a timely manner as required your program in good faith. non-DBEs. under paragraph (c)(3) of this section; * * * * * (ii) FHWA, FTA, or FAA disapproves * * * * * ■ 10. In § 26.53: your analysis or corrective actions; or ■ 8. In § 26.47, add paragraphs (c) and ■ a. Redesignate paragraph (g) as (d) to read as follows: (iii) You do not fully implement the corrective actions to which you have paragraph (i); ■ b. Redesignate paragraphs (f)(2) and § 26.47 Can recipients be penalized for committed or conditions that FHWA, (3) as paragraphs (g) and (h), failing to meet overall goals? FTA, or FAA has imposed following respectively; * * * * * review of your analysis and corrective ■ c. Revise paragraph (f)(1); and (c) If the awards and commitments actions. ■ d. Add new paragraphs (f)(2) through shown on your Uniform Report of (d) If, as recipient, your Uniform (6) to read as follows: Awards or Commitments and Payments Report of DBE Awards or Commitments at the end of any fiscal year are less than and Payments or other information § 26.53 What are the good faith efforts the overall goal applicable to that fiscal coming to the attention of FTA, FHWA, procedures recipients follow in situations year, you must do the following in order or FAA, demonstrates that current where there are contract goals? to be regarded by the Department as trends make it unlikely that you will * * * * * implementing your DBE program in achieve DBE awards and commitments (f)(1) You must require that a prime good faith: that would be necessary to allow you to contractor not terminate a DBE (1) Analyze in detail the reasons for meet your overall goal at the end of the subcontractor listed in response to the difference between the overall goal fiscal year, FHWA, FTA, or FAA, as paragraph (b)(2) of this section (or an and your awards and commitments in applicable, may require you to make approved substitute DBE firm) without that fiscal year; further good faith efforts, such as by your prior written consent. This (2) Establish specific steps and modifying your race-conscious/race- includes, but is not limited to, instances milestones to correct the problems you neutral split or introducing additional in which a prime contractor seeks to have identified in your analysis and to race-neutral or race-conscious measures perform work originally designated for a enable you to meet fully your goal for for the remainder of the fiscal year. DBE subcontractor with its own forces the new fiscal year; ■ 9. In § 26.51, revise paragraphs (b)(1) or those of an affiliate, a non-DBE firm, (3)(i) If you are a state highway and (f)(1) to read as follows: or with another DBE firm. agency; one of the 50 largest transit (2) You may provide such written authorities as determined by the FTA; or § 26.51 What means do recipients use to consent only if you agree, for reasons an Operational Evolution Partnership meet overall goals? stated in your concurrence document, Plan airport or other airport designated * * * * * that the prime contractor has good cause by the FAA, you must submit, within 90 (b)* * * to terminate the DBE firm. days of the end of the fiscal year, the (1) Arranging solicitations, times for (3) For purposes of this paragraph, analysis and corrective actions the presentation of bids, quantities, good cause includes the following developed under paragraphs (c)(1) and specifications, and delivery schedules circumstances: (2) of this section to the appropriate in ways that facilitate participation by (i) The listed DBE subcontractor fails operating administration for approval. If DBEs and other small businesses and by or refuses to execute a written contract; the operating administration approves making contracts more accessible to (ii) The listed DBE subcontractor fails the report, you will be regarded as small businesses, by means such as or refuses to perform the work of its complying with the requirements of this those provided under § 26.39 of this subcontract in a way consistent with section for the remainder of the fiscal part. normal industry standards. Provided, year. * * * * * however, that good cause does not exist (ii) As a transit authority or airport (f) * * * if the failure or refusal of the DBE not meeting the criteria of paragraph (1) If your approved projection under subcontractor to perform its work on the (c)(3)(i) of this section, you must retain paragraph (c) of this section estimates subcontract results from the bad faith or analysis and corrective actions in your that you can meet your entire overall discriminatory action of the prime records for three years and make it goal for a given year through race- contracor; available to FTA or FAA on request for neutral means, you must implement (iii) The listed DBE subcontractor fails their review. your program without setting contract or refuses to meet the prime contractor’s

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reasonable, nondisrciminatory bond § 26.67 What rules determine social and in a manner consistent with this requirements. economic disadvantage? paragraph (a)(1), you must update the (iv) The listed DBE subcontractor (a) * * * Directory entry for that firm to meet the becomes bankrupt, insolvent, or exhibits (2)(i) You must require each requirements of this paragraph (a)(1) by credit unworthiness; individual owner of a firm applying to August 28, 2011. (v) The listed DBE subcontractor is participate as a DBE, whose ownership (2) Firms and recipients must check ineligible to work on public works and control are relied upon for DBE carefully to make sure that the NAICS projects because of suspension and certification to certify that he or she has codes cited in a certification are kept debarment proceedings pursuant 2 CFR a personal net worth that does not up-to-date and accurately reflect work Parts 180, 215 and 1,200 or applicable exceed $1.32 million. which the UCP has determined the state law; * * * * * firm’s owners can control. The firm (vii) You have determined that the (iv) Notwithstanding any provision of bears the burden of providing detailed listed DBE subcontractor is not a Federal or state law, you must not company information the certifying responsible contractor; release an individual’s personal net agency needs to make an appropriate (vi) The listed DBE subcontractor worth statement nor any documents NAICS code designation. voluntarily withdraws from the project pertaining to it to any third party (3) If a firm believes that there is not and provides to you written notice of its without the written consent of the a NAICS code that fully or clearly withdrawal; submitter. Provided, that you must describes the type(s) of work in which (vii) The listed DBE is ineligible to transmit this information to DOT in any it is seeking to be certified as a DBE, the receive DBE credit for the type of work certification appeal proceeding under firm may request that the certifying required; section 26.89 of this part or to any other agency, in its certification (viii) A DBE owner dies or becomes state to which the individual’s firm has documentation, supplement the disabled with the result that the listed applied for certification under § 26.85 of assigned NAICS code(s) with a clear, DBE contractor is unable to complete its this part. specific, and detailed narrative work on the contract; * * * * * description of the type of work in which (ix) Other documented good cause ■ the firm is certified. A vague, general, or that you determine compels the 12. Revise § 26.71(n) to read as confusing description is not sufficient termination of the DBE subcontractor. follows: for this purpose, and recipients should Provided, that good cause does not exist § 26.71 What rules govern determinations not rely on such a description in if the prime contractor seeks to concerning control? determining whether a firm’s terminate a DBE it relied upon to obtain * * * * * participation can be counted toward the contract so that the prime contractor (n) You must grant certification to a DBE goals. can self-perform the work for which the firm only for specific types of work in DBE contractor was engaged or so that (4) A certifier is not precluded from which the socially and economically changing a certification classification or the prime contractor can substitute disadvantaged owners have the ability another DBE or non-DBE contractor after description if there is a factual basis in to control the firm. To become certified the record. However, certifiers must not contract award. in an additional type of work, the firm (4) Before transmitting to you its make after-the-fact statements about the need demonstrate to you only that its scope of a certification, not supported request to terminate and/or substitute a socially and economically DBE subcontractor, the prime contractor by evidence in the record of the disadvantaged owners are able to certification action. must give notice in writing to the DBE control the firm with respect to that type * * * * * subcontractor, with a copy to you, of its of work. You must not require that the intent to request to terminate and/or firm be recertified or submit a new ■ 13. Revise § 26.73(b) to read as substitute, and the reason for the application for certification, but you follows: request. must verify the disadvantaged owner’s (5) The prime contractor must give the § 26.73 What are other rules affecting control of the firm in the additional type certification? DBE five days to respond to the prime of work. contractor’s notice and advise you and (1) The types of work a firm can * * * * * the contractor of the reasons, if any, perform (whether on initial certification (b)(1) You must evaluate the why it objects to the proposed or when a new type of work is added) eligibility of a firm on the basis of termination of its subcontract and why must be described in terms of the most present circumstances. You must not you should not approve the prime specific available NAICS code for that refuse to certify a firm based solely on contractor’s action. If required in a type of work. If you choose, you may historical information indicating a lack particular case as a matter of public also, in addition to applying the of ownership or control of the firm by necessity (e.g., safety), you may provide appropriate NAICS code, apply a socially and economically a response period shorter than five days. descriptor from a classification scheme disadvantaged individuals at some time (6) In addition to post-award of equivalent detail and specificity. A in the past, if the firm currently meets terminations, the provisions of this correct NAICS code is one that the ownership and control standards of section apply to preaward deletions of describes, as specifically as possible, the this part. or substitutions for DBE firms put principal goods or services which the (2) You must not refuse to certify a forward by offerors in negotiated firm would provide to DOT recipients. firm solely on the basis that it is a newly procurements. Multiple NAICS codes may be assigned formed firm, has not completed projects * * * * * where appropriate. Program participants or contracts at the time of its ■ 11. In § 26.67, revise paragraphs must rely on, and not depart from, the application, has not yet realized profits (a)(2)(i) and (iv), and in paragraphs (b), plain meaning of NAICS code from its activities, or has not (c), and (d), remove ‘‘$750,000’’ and add descriptions in determining the scope of demonstrated a potential for success. If in its place ‘‘$1.32 million’’. a firm’s certification. If your Directory the firm meets disadvantaged, size, The revisions read as follows: does not list types of work for any firm ownership, and control requirements of

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this Part, the firm is eligible for frequently withdrawing applications (i) This affidavit must affirm that you certification. before you make a decision. have submitted all the information * * * * * required by 49 CFR 26.85(c) and the § 26.84 [Removed] information is complete and, in the case § 26.81 [Amended] ■ 16. Remove section 26.84. of the information required by ■ 14. Amend § 26.81(g) by removing the ■ 17. Revise § 26.85 to read as follows § 26.85(c)(1), is an identical copy of the ‘‘ ’’ information submitted to State A. word section and adding in its place § 26.85 Interstate certification. the word ‘‘part’’ and by removing the (ii) If the on-site report from State A period at the end of the last sentence (a) This section applies with respect supporting your certification in State A and adding the words ‘‘and shall revise to any firm that is currently certified in is more than three years old, as of the the print version of the Directory at least its home state. date of your application to State B, State (b) When a firm currently certified in once a year.’’ B may require that your affidavit also its home state (‘‘State A’’) applies to ■ affirm that the facts in the on-site report 15. In § 26.83, remove and reserve another State (‘‘State B’’) for DBE paragraph (e), revise paragraph (h), and remain true and correct. certification, State B may, at its (d) As State B, when you receive from add paragraphs (l) and (m) to read as discretion, accept State A’s certification an applicant firm all the information follows: and certify the firm, without further required by paragraph (c) of this section, § 26.83 What procedures do recipients procedures. you must take the following actions: follow in making certification decisions? (1) To obtain certification in this (1) Within seven days contact State A * * * * * manner, the firm must provide to State and request a copy of the site visit (h) Once you have certified a DBE, it B a copy of its certification notice from review report for the firm (see shall remain certified until and unless State A. § 26.83(c)(1)), any updates to the site (2) Before certifying the firm, State B you have removed its certification, in visit review, and any evaluation of the must confirm that the firm has a current whole or in part, through the procedures firm based on the site visit. As State A, valid certification from State A. State B of section 26.87. You may not require you must transmit this information to can do so by reviewing State A’s DBEs to reapply for certification or State B within seven days of receiving electronic directory or obtaining written require ‘‘recertification’’ of currently the request. A pattern by State B of not confirmation from State A. certified firms. However, you may making such requests in a timely (c) In any situation in which State B manner or by ‘‘State A’’ or any other conduct a certification review of a chooses not to accept State A’s certified DBE firm, including a new on- State of not complying with such certification of a firm as provided in requests in a timely manner is site review, three years from the date of paragraph (b) of this section, as the the firm’s most recent certification, or noncompliance with this Part. applicant firm you must provide the (2) Determine whether there is good sooner if appropriate in light of changed information in paragraphs (c)(1) through circumstances (e.g., of the kind cause to believe that State A’s (4) of this section to State B. certification of the firm is erroneous or requiring notice under paragraph (i) of (1) You must provide to State B a this section), a complaint, or other should not apply in your State. Reasons complete copy of the application form, for making such a determination may information concerning the firm’s all supporting documents, and any other eligibility. If you have grounds to include the following: information you have submitted to State (i) Evidence that State A’s question the firm’s eligibility, you may A or any other state related to your conduct an on-site review on an certification was obtained by fraud; firm’s certification. This includes (ii) New information, not available to unannounced basis, at the firm’s offices affidavits of no change (see § 26.83(j)) State A at the time of its certification, and jobsites. and any notices of changes (see showing that the firm does not meet all * * * * * § 26.83(i)) that you have submitted to eligibility criteria; (l) As a recipient or UCP, you must State A, as well as any correspondence (iii) State A’s certification was advise each applicant within 30 days you have had with State A’s UCP or any factually erroneous or was inconsistent from your receipt of the application other recipient concerning your with the requirements of this part; whether the application is complete and application or status as a DBE firm. (iv) The State law of State B requires suitable for evaluation and, if not, what (2) You must also provide to State B a result different from that of the State additional information or action is any notices or correspondence from law of State A. required. states other than State A relating to your (v) The information provided by the (m) Except as otherwise provided in status as an applicant or certified DBE applicant firm did not meet the this paragraph, if an applicant for DBE in those states. For example, if you have requirements of paragraph (c) of this certification withdraws its application been denied certification or decertified section. before you have issued a decision on the in State C, or subject to a decertification (3) If, as State B, unless you have application, the applicant can resubmit action there, you must inform State B of determined that there is good cause to the application at any time. As a this fact and provide all documentation believe that State A’s certification is recipient or UCP, you may not apply the concerning this action to State B. erroneous or should not apply in your waiting period provided under (3) If you have filed a certification State, you must, no later than 60 days § 26.86(c) of this part before allowing appeal with DOT (see § 26.89), you must from the date on which you received the applicant to resubmit its inform State B of the fact and provide from the applicant firm all the application. However, you may place your letter of appeal and DOT’s information required by paragraph (c) of the reapplication at the ‘‘end of the line,’’ response to State B. this section, send to the applicant firm behind other applications that have (4) You must submit an affidavit a notice that it is certified and place the been made since the firm’s previous sworn to by the firm’s owners before a firm on your directory of certified firms. application was withdrawn. You may person who is authorized by State law (4) If, as State B, you have determined also apply the waiting period provided to administer oaths or an unsworn that there is good cause to believe that under § 26.86(c) of this part to a firm declaration executed under penalty of State A’s certification is erroneous or that has established a pattern of perjury of the laws of the United States. should not apply in your State, you

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must, no later than 60 days from the Departmental Office of Civil Rights UCP receiving the decision, you must date on which you received from the under s§ 26.89 of this part. then consider the information in the applicant firm all the information (e) As State B, if you have not decision in determining what, if any, required by paragraph (c) of this section, received from State A a copy of the site action to take with respect to the send to the applicant firm a notice visit review report by a date 14 days certified DBE firm or applicant. stating the reasons for your after you have made a timely request for (g) You must implement the determination. it, you may hold action required by requirements of this section beginning (i) This notice must state with paragraphs (d)(2) through (4) of this January 1, 2012. particularity the specific reasons why section in abeyance pending receipt of State B believes that the firm does not the site visit review report. In this event, § 26.87 [Amended] you must, no later than 30 days from the meet the requirements of this Part for ■ 18. In § 26.87, remove and reserve date on which you received from an DBE eligibility and must offer the firm paragraph (h). an opportunity to respond to State B applicant firm all the information with respect to these reasons. required by paragraph (c) of this section, § 26.107 [Amended] notify the firm in writing of the delay in (ii) The firm may elect to respond in ■ 19. In § 26.107, in paragraphs (a) and writing, to request an in-person meeting the process and the reason for it. (f)(1) As a UCP, when you deny a (b), remove ‘‘49 CFR part 29’’ and add in with State B’s decision maker to discuss its place, ‘‘2 CFR parts 180 and 1200’’. State B’s objections to the firm’s firm’s application, reject the application eligibility, or both. If the firm requests of a firm certified in State A or any other ■ 20. In § 26.109, revise paragraph (a)(2) a meeting, as State B you must schedule State in which the firm is certified, to read as follows: through the procedures of paragraph the meeting to take place within 30 days § 26.109 What are the rules governing of receiving the firm’s request. (d)(4) of this section, or decertify a firm, in whole or in part, you must make an information, confidentiality, cooperation, (iii) The firm bears the burden of and intimidation or retaliation? entry in the Department of demonstrating, by a preponderance of (a) * * * evidence, that it meets the requirements Transportation Office of Civil Rights’ (DOCR’s) Ineligibility Determination of this Part with respect to the (2) Notwithstanding any provision of Online Database. You must enter the particularized issues raised by State B’s Federal or state law, you must not following information: notice. The firm is not otherwise release any information that may (i) The name of the firm; reasonably be construed as confidential responsible for further demonstrating its (ii) The name(s) of the firm’s owner(s); eligibility to State B. business information to any third party (iii) The type and date of the action; without the written consent of the firm (iv) The decision maker for State B (iv) The reason for the action. must be an individual who is that submitted the information. This (2) As a UCP, you must check the includes applications for DBE thoroughly familiar with the provisions DOCR Web site at least once every of this Part concerning certification. certification and supporting month to determine whether any firm information. However, you must (v) State B must issue a written that is applying to you for certification transmit this information to DOT in any decision within 30 days of the receipt of or that you have already certified is on certification appeal proceeding under the written response from the firm or the list. § 26.89 of this part or to any other state the meeting with the decision maker, (3) For any such firm that is on the to which the individual’s firm has whichever is later. list, you must promptly request a copy applied for certification under § 26.85 of (vi) The firm’s application for of the listed decision from the UCP that this part. certification is stayed pending the made it. As the UCP receiving such a outcome of this process. request, you must provide a copy of the * * * * * (vii) A decision under this paragraph decision to the requesting UCP within 7 [FR Doc. 2011–1531 Filed 1–27–11; 8:45 am] (d)(4) may be appealed to the days of receiving the request. As the BILLING CODE 4910–9X–P

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Proposed Rules Federal Register Vol. 76, No. 19

Friday, January 28, 2011

This section of the FEDERAL REGISTER submitting comments and accessing O–1 F21, One White Flint North, 11555 contains notices to the public of the proposed documents related to this action, see Rockville Pike, Rockville, Maryland. issuance of rules and regulations. The Section I, ‘‘Submitting Comments and NRC’s Agencywide Documents Access purpose of these notices is to give interested Accessing Information’’ in the persons an opportunity to participate in the and Management System (ADAMS): SUPPLEMENTARY INFORMATION section of rule making prior to the adoption of the final Publicly available documents created or rules. this document. You may submit received at the NRC are available comments by any one of the following electronically at the NRC’s Electronic methods. Reading Room at http://www.nrc.gov/ NUCLEAR REGULATORY Federal Rulemaking Web site: Go to reading-rm/adams.html. From this page, COMMISSION http://www.regulations.gov and search the public can gain entry into ADAMS, for documents filed under Docket ID: which provides text and image files of 10 CFR Part 73 NRC–2010–0340. Address questions NRC’s public documents. If you do not about NRC dockets to Carol Gallagher, RIN 3150–AI64 have access to ADAMS or if there are telephone (301) 492–3668; e-mail: problems in accessing the documents [NRC–2010–0340] [email protected]. located in ADAMS, contact the NRC’s Mail comments to: Cindy Bladey, PDR reference staff at 1–800–397–4209, Draft NUREG–0561, Revision 2; Chief, Rules, Announcements, and Physical Protection of Shipments of or 301–415–4737, or by e-mail to Directives Branch (RADB), Office of [email protected]. The draft Irradiated Reactor Fuel; Extension of Administration, Mail Stop: TWB–05– Comment Period implementation guidance is available B01M, U.S. Nuclear Regulatory electronically under ADAMS Accession AGENCY: Nuclear Regulatory Commission, Washington, DC 20555– Number ML103060094. Commission. 0001. Fax comments to: RADB at (301) 492– Federal Rulemaking Web site: Public ACTION: Draft guidance document: 3446. comments and supporting materials Extension of comment period. related to the implementation guidance, FOR FURTHER INFORMATION CONTACT: R. including the draft implementation SUMMARY: On November 3, 2010 (75 FR Clyde Ragland, Office of Nuclear guidance, can be found at http:// 67636), the U.S. Nuclear Regulatory Security, and Incident Response, U.S. www.regulations.gov by searching on Commission (NRC or the Commission) Nuclear Regulatory Commission, Docket ID: NRC–2010–0340. Documents published for public comment a Washington, DC 20555–0001, telephone related to the proposed rule can be revision to NUREG–0561, the draft (301) 415–7008, e-mail: found by searching on Docket ID: NRC– implementation guidance document for [email protected]. a proposed rule to amend its security 2009–0163. SUPPLEMENTARY INFORMATION: regulations in Title 10 of the Code of Discussion: Federal Regulations (10 CFR) Part 73 Submitting Comments and Accessing On October 13, 2010 (75 FR 62695), pertaining to the transport of irradiated Information the NRC published a proposed rule that reactor fuel (for purposes of this Comments submitted in writing or in would amend its regulations in 10 CFR rulemaking, the terms ‘‘irradiated reactor electronic form will be posted on the Part 73 to enhance the security fuel’’ and ‘‘spent nuclear fuel’’ are used NRC Web site and on the Federal requirements that apply to the interchangeably). The proposed rule rulemaking Web site http:// transportation of spent nuclear fuel. The was published on October 13, 2010 (75 www.regulations.gov. Because your public comment period for the proposed FR 62695). The public comment period comments will not be edited to remove rule has been extended through April for this proposed rule was scheduled to any identifying or contact information, 11, 2011. In conjunction with the expire on February 11, 2011; however, the NRC cautions you against including proposed rule, the NRC has revised on January 10, 2011 (76 FR 1376), the any information in your submission that NUREG–0561, ‘‘Physical Protection of public comment period for the proposed you do not want to be publicly Shipments of Irradiated Reactor Fuel.’’ rule was extended to April 11, 2011. In disclosed. The NRC requests that any This document provides guidance on order to allow the public sufficient time party soliciting or aggregating comments implementing the provisions of to review and comment on the draft received from other persons for proposed 10 CFR Part 73.37, revision to NUREG–0561, the NRC has submission to the NRC inform those ‘‘Requirements for Physical Protection of decided to extend the comment period persons that the NRC will not edit their Byproduct Material’’ and proposed 10 for the draft guidance document until comments to remove any identifying or CFR 73.38, ‘‘Personnel Access May 11, 2011. contact information, and therefore, they Authorization Requirements for DATES: The comment period has been should not include any information in Irradiated Reactor Fuel in Transit.’’ extended and expires on May 11, 2011. their comments that they do not want On November 3, 2010 (75 FR 67636), Comments received after this date will publicly disclosed. the NRC published for public comment be considered if it is practical to do so. You can access publicly available the proposed revision to NUREG–0561. The NRC is only able to assure documents related to this document The NRC has determined that additional consideration of comments received on using the following methods: time is needed for public review of the or before this date. NRC’s Public Document Room (PDR): potential impacts of the proposed ADDRESSES: Please include Docket ID: The public may examine and have requirements. In order to allow the NRC–2010–0340 in the subject line of copied for a fee, publicly available public sufficient time to review and your comments. For instructions on documents at the NRC’s PDR, Room comment on the proposed rule, the NRC

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has decided to extend the comment hold a public hearing on February 22, operations in accordance with the period until May 11, 2011. 2011. We will accept requests to speak requirements of this Act * * *; and Dated at Rockville, Maryland, this 20th day until 4 p.m., local time on February 14, rules and regulations consistent with of January 2011. 2011. regulations issued by the Secretary For the Nuclear Regulatory Commission. ADDRESSES: You may submit comments, pursuant to this Act.’’ See 30 U.S.C. Robert K. Caldwell, identified by ‘‘MD–056–FOR; Docket ID: 1253(a)(1) and (7). On the basis of these Chief, Fuel Cycle and Transportation Security OSM–2010–0008’’ by either of the criteria, the Secretary of the Interior Branch, Division of Security Policy, Office following two methods: approved the Maryland program on of Nuclear Security and Incident Response. Federal eRulemaking Portal: http:// February 18, 1982. You can find [FR Doc. 2011–1907 Filed 1–27–11; 8:45 am] www.regulations.gov. The proposed rule background information on the BILLING CODE 7590–01–P has been assigned Docket ID: OSM– Maryland program, including the 2010–0008. If you would like to submit Secretary’s findings, the disposition of comments through the Federal comments, and conditions of approval DEPARTMENT OF THE INTERIOR eRulemaking Portal, go to http:// of the Maryland program in the www.regulations.gov and follow the February 18, 1982, Federal Register (47 Office of Surface Mining Reclamation instructions. FR 7214–7217). You can also find later and Enforcement Mail/Hand Delivery/Courier: Mr. actions concerning the Maryland George Rieger, Chief, Pittsburgh Field program and program amendments at 30 30 CFR Part 920 Division, Office of Surface Mining CFR 920.12, 920.15, 920.16. Reclamation and Enforcement, Three [SATS No. MD–056–FOR; Docket ID: OSM Parkway Center, Suite 300, Pittsburgh, II. Description of the Amendment 2010–0008] PA 15220. By letter dated June 24, 2010, Maryland Regulatory Program Instructions: For detailed instructions Maryland sent us an amendment to its on submitting comments and additional program, Administrative Record AGENCY: Office of Surface Mining information on the rulemaking process, Number MD–588.00, under SMCRA (30 ‘‘ ’’ Reclamation and Enforcement (OSM), see the Public Comment Procedures U.S.C. 1201 et seq.). Maryland added Interior. SUPPLEMENTARY heading of the regulations to regulate coal combustion INFORMATION section of this document. ACTION: Proposed rule; public comment byproducts and to establish Docket: In addition to obtaining period and opportunity for public requirements pertaining to the copies of documents at http:// hearing on proposed amendment. generation, storage, handling, www.regulations.gov, information may processing, disposal, recycling, SUMMARY: We are announcing receipt of also be obtained at the addresses listed beneficial use, or other use of coal a proposed amendment to the Maryland below during normal business hours, combustion byproducts (CCB) within program (the ‘‘Maryland program’’) Monday through Friday, excluding the State. In total, these regulations under the Surface Mining Control and holidays. You may receive one free copy pertain to all CCB activities in the State, Reclamation Act of 1977 (SMCRA or the of the amendment by contacting OSM’s not just surface coal mining and Act) (Administrative Record No. Pittsburgh Field Division Office. reclamation operations. However, a 588.00). Maryland added provisions to George Rieger, Chief, Pittsburgh Field regulate coal combustion byproducts section of the added regulations Division, Office of Surface Mining specifically pertains to surface coal (CCBs) and to establish requirements Reclamation and Enforcement, Three pertaining to the generation, storage, mining and reclamation operations and Parkway Center, Suite 300, Pittsburgh, are proposed to be part of Maryland’s handling, processing, disposal, Pennsylvania 15220, Telephone: (412) recycling, beneficial use, or other use of Federally approved state program. The 937–2153, E-mail: [email protected]. regulation specific to surface coal CCBs within the State. In total these John E. Carey, Director, Maryland regulations pertain to all CCB activities mining and reclamation operations has Bureau of Mines, 160 South Water been added as a new regulation, in the State, not just surface coal mining Street, Frostburg, MD 21532, and reclamation operations. However, a Regulation .08 under COMAR 26.20.24, Telephone: (301) 689–1442; E-mail: Special Performance Standards. section of the Code of Maryland [email protected]. Regulations (COMAR) specifically Specifically, Maryland’s Regulation FOR FURTHER INFORMATION CONTACT: pertains to the surface coal mining and .08 Utilization of Coal Combustion reclamation operations. The regulation George Rieger, Telephone: (412) 937– Byproducts will include paragraphs A– specific to surface coal mining and 2153. E-mail: [email protected]. H on the Purpose and Scope, Conditions reclamation operations is a new SUPPLEMENTARY INFORMATION: for Utilization, and Testing and regulation, Regulation .08 under I. Background on the Maryland Program Monitoring. Additionally, Maryland is COMAR 26.20.24, Special Performance II. Description of the Amendment adding a Coal Combustion Byproducts III. Public Comment Procedures Utilization Request requirement that Standards. Maryland is requesting IV. Procedural Determinations approval of this section that it submitted will require a solids analysis of the as an amendment on June 24, 2010. I. Background on the Maryland CCBs and a Toxicity Characteristics This document gives the times and Program Leaching Procedure (TCLP) leachate locations that the Maryland submittal Section 503(a) of the Act permits a analysis of the CCBs. Maryland may also are available for your inspection, the State to assume primacy for the impose additional controls or comment period during which you may regulation of surface coal mining and conditions on the use of CCBs as it sees submit written comments, and the reclamation operations on non-Federal fit for the protection of human health procedures that we will follow for the and non-Indian lands within its borders and the environment. public hearing, if one is requested. by demonstrating that its program The full text of the program DATES: We will accept written includes, among other things, ‘‘a State amendment is available for you to read comments until 4 p.m., local time law which provides for the regulation of at the locations listed above under February 28, 2011. If requested, we will surface coal mining and reclamation ADDRESSES.

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III. Public Comment Procedures heard. If you are in the audience and SAINT LAWRENCE SEAWAY Under the provisions of 30 CFR have not been scheduled to speak and DEVELOPMENT CORPORATION 732.17(h), we are seeking your wish to do so, you will be allowed to comments on whether the submission speak after those who have been 33 CFR Part 401 satisfies the applicable program scheduled. We will end the hearing after [Docket No. SLSDC–2011–0002] approval criteria of 30 CFR 732.15. If we everyone scheduled to speak and others RIN 2135–AA29 approve the amendment, it will become present in the audience who wish to speak, have been heard. part of the Maryland program. Seaway Regulations and Rules: Electronic or Written Comments Public Meeting Periodic Update, Various Categories If you submit written comments, they If there is only limited interest in AGENCY: Saint Lawrence Seaway should be specific, confined to issues participating in a public hearing, we Development Corporation, DOT. pertinent to the proposed regulations, may hold a public meeting rather than ACTION: Notice of proposed rulemaking. and explain the reason for any a public hearing. If you wish to meet recommended change(s). We appreciate with us to discuss the submission, SUMMARY: The Saint Lawrence Seaway any and all comments, but those most please request a meeting by contacting Development Corporation (SLSDC) and useful and likely to influence decisions the person listed under FOR FURTHER the St. Lawrence Seaway Management on the final regulations will be those INFORMATION CONTACT. All such meetings Corporation (SLSMC) of Canada, under that either involve personal experience are open to the public and, if possible, international agreement, jointly publish or include citations to and analyses of we will post notices of meetings at the and presently administer the St. SMCRA, its legislative history, its locations listed under ADDRESSES. We Lawrence Seaway Regulations and implementing regulations, case law, will make a written summary of each Rules (Practices and Procedures in other pertinent Tribal or Federal laws or meeting a part of the administrative Canada) in their respective jurisdictions. regulations, technical literature, or other record. Under agreement with the SLSMC, the relevant publications. We cannot ensure SLSDC is amending the joint regulations that comments received after the close IV. Procedural Determinations by updating the Seaway Regulations and of the comment period (see DATES) or Executive Order 12866—Regulatory Rules in various categories. The sent to an address other than those Planning and Review proposed changes will update the listed above (see ADDRESSES) will be following sections of the Regulations included in the docket for this This rule is exempted from review by and Rules: Condition of Vessels, and rulemaking and considered. the Office of Management and Budget Preclearance and Security for Tolls. (OMB) under Executive Order 12866. Public Availability of Comments These proposed amendments are necessary to take account of updated Before including your address, phone Other Laws and Executive Orders Affecting Rulemaking procedures and will enhance the safety number, e-mail address, or other of transits through the Seaway. Several personal identifying information in your When a State submits a program of the proposed amendments are merely comment, you should be aware that amendment to OSM for review, our editorial or for clarification of existing your entire comment—including your regulations at 30 CFR 732.17(h) require requirements. personal identifying information—may us to publish a notice in the Federal be made publicly available at any time. DATES: Any party wishing to present Register indicating receipt of the views on the proposed amendment may While you may ask us in your comment proposed amendment, its text or a to withhold your personal identifying file comments with the Corporation on summary of its terms, and an information from public review, we or before February 28, 2011. opportunity for public comment. We cannot guarantee that we will be able to ADDRESSES: You may submit comments conclude our review of the proposed do so. We will not consider anonymous [identified by Docket Number SLSDC amendment after the close of the public comments. 2011–0002] by any of the following comment period and determine whether methods: Public Hearing the amendment should be approved, • Web Site: http:// If you wish to speak at the public approved in part, or not approved. At www.Regulations.gov. Follow the online hearing, contact the person listed under that time, we will also make the instructions for submitting comments/ FOR FURTHER INFORMATION CONTACT by 4 determinations and certifications submissions. p.m., local time February 14, 2011. If required by the various laws and • Fax: 1–202–493–2251. you are disabled and need reasonable executive orders governing the • Mail: Docket Management Facility; accommodations to attend a public rulemaking process and include them in U.S. Department of Transportation, 1200 hearing, contact the person listed under the final rule. New Jersey Avenue, SE., West Building FOR FURTHER INFORMATION CONTACT. We List of Subjects in 30 CFR Part 920 Ground Floor, Room W12–140, will arrange the location and time of the Washington, DC 20590–001. hearing with those persons requesting Intergovernmental relations, Surface • Hand Delivery: Documents may be the hearing. If no one requests an mining, Underground mining. submitted by hand delivery or courier to opportunity to speak, we will not hold Dated: September 1, 2010. West Building Ground Floor, Room the hearing. Michael K. Robinson, W12–140, 1200 New Jersey Avenue, SE., To assist the transcriber and ensure an Washington, DC, between 9 a.m. and Acting Regional Director, Appalachian accurate record, we request, if possible, Region. 5 p.m., Monday through Friday, except that each person who speaks at a public Federal holidays. hearing provide us with a written copy Editorial Note: This document was Instructions: All submissions must of his or her comments. The public received in the Office of the Federal Register include the agency name and docket hearing will continue on the specified on January 14, 2011. number or Regulatory Identification date until everyone scheduled to speak [FR Doc. 2011–1113 Filed 1–27–11; 8:45 am] Number (RIN) for this rulemaking. Note has been given an opportunity to be BILLING CODE 4310–05–P that all comments received will be

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posted without change at http:// Seaway personnel as part of the tie-up collection requirements subject to the www.Regulations.gov including any service. In addition, the proposed Office of Management and Budget personal information provided. Please change clarifies that tie-up service does review. see the Privacy Act heading under not include let go service. In section List of Subjects in 33 CFR Part 401 Regulatory Notices. 401.24, ‘‘Application for preclearance’’, Docket: For access to the docket to the SLSDC is requiring that preclearance Hazardous materials transportation, read background documents or applications must be received by the Navigation (water), Penalties, Radio, comments received, go to http:// SLSMC between 08:00–16:00 hours Reporting and recordkeeping www.Regulations.gov; or in person at Monday through Friday and at least 24 requirements, Vessels, Waterways. the Docket Management Facility; U.S. hours prior to the vessel’s arrival. Accordingly, the Saint Lawrence Department of Transportation, West The other changes to the joint Seaway Development Corporation Building Ground Floor, Room W12–140, regulations are merely editorial or to proposes to amend 33 CFR part 401 as 1200 New Jersey Avenue, SE., clarify existing requirements. follows: Washington, DC, between 9 a.m. and 5 Regulatory Evaluation p.m., Monday through Friday, except PART 401—SEAWAY REGULATIONS Federal holidays. This proposed regulation involves a AND RULES FOR FURTHER INFORMATION CONTACT: foreign affairs function of the United Subpart A—Regulations Carrie Mann Lavigne, Chief Counsel, States and therefore Executive Order Saint Lawrence Seaway Development 12866 does not apply and evaluation 1. The authority citation for subpart A Corporation, 180 Andrews Street, under the Department of of part 401 continues to read as follows: Massena, New York 13662; 315/764– Transportation’s Regulatory Policies and Authority: 33 U.S.C. 983(a) and 984(a)(4), 3200. Procedures is not required. as amended; 49 CFR 1.52, unless otherwise noted. SUPPLEMENTARY INFORMATION: The Saint Regulatory Flexibility Act Lawrence Seaway Development Determination 2. In § 401.8, revise paragraph (c) to read as follows: Corporation (SLSDC) and the St. I certify this proposed regulation will Lawrence Seaway Management not have a significant economic impact § 401.8 Landing booms. Corporation (SLSMC) of Canada, under on a substantial number of small international agreement, jointly publish * * * * * entities. The St. Lawrence Seaway (c) Vessels not equipped with or not and presently administer the St. Regulations and Rules primarily relate Lawrence Seaway Regulations and using landing booms must use the to commercial users of the Seaway, the Seaway’s tie-up service at approach Rules (Practices and Procedures in vast majority of whom are foreign vessel Canada) in their respective jurisdictions. walls using synthetic mooring lines operators. Therefore, any resulting costs only. Maximum of 4 lines will be Under agreement with the SLSMC, the will be borne mostly by foreign vessels. SLSDC is proposing to amend the joint handled by Seaway personnel and the regulations by updating the Regulations Environmental Impact service does not include let go service. 3. In § 401.11, revise paragraph (a) and Rules in various categories. The This proposed regulation does not introductory text to read as follows: proposed changes would update the require an environmental impact following sections of the Regulations statement under the National § 401.11 Fairleads. and Rules: Condition of Vessels, and Environmental Policy Act (49 U.S.C. (a) Mooring lines shall: Preclearance and Security for Tolls. 4321, et reg.) because it is not a major * * * * * These updates are necessary to take federal action significantly affecting the 4. In § 401.12 revise paragraphs (a)(1), account of updated procedures which quality of the human environment. (a)(1)(i), and (a)(2) to read as follows: will enhance the safety of transits through the Seaway. Many of these Federalism § 401.12 Minimum requirements—mooring proposed changes are to clarify existing The Corporation has analyzed this lines and fairleads. requirements in the regulations. Where proposed rule under the principles and (a) * * * new requirements or regulations are criteria in Executive Order 13132, dated (1) Vessels of more than 100 m but not being proposed, an explanation for such August 4, 1999, and has determined that more than 150 m in overall length shall a change is provided below. this proposal does not have sufficient have three mooring lines—wires or Regulatory Notices: Privacy Act: federalism implications to warrant a synthetic hawsers, which shall be Anyone is able to search the electronic Federalism Assessment. independently power operated by form of all comments received into any winches, capstans or windlasses. All of our dockets by the name of the Unfunded Mandates lines shall be led through closed chocks individual submitting the comment (or The Corporation has analyzed this or fairleads acceptable to the Manager signing the comment, if submitted on proposed rule under Title II of the and the Corporation. behalf of an association, business, labor Unfunded Mandates Reform Act of 1995 (i) One shall lead forward and one union, etc.). You may review DOT’s (Pub. L. 104–4, 109 Stat. 48) and shall lead astern from the break of the complete Privacy Act Statement in the determined that it does not impose bow and one lead astern from the Federal Register published on April 11, unfunded mandates on State, local, and quarter. 2000 (Volume 65, Number 70; Pages tribal governments and the private * * * * * 19477–78) or you may visit http:// sector requiring a written statement of (2) Vessels of more than 150 m in www.Regulations.gov. economic and regulatory alternatives. overall length shall have four mooring The SLSDC is proposing to amend lines—wires, independently power Paperwork Reduction Act two sections of the Condition of Vessels operated by the main drums of adequate portion of the joint Seaway regulations. This proposed regulation has been power operated winches as follows: Under section 401.8, ‘‘Landing booms’’, analyzed under the Paperwork (i) One mooring line shall lead the SLSDC is clarifying that no more Reduction Act of 1995 and does not forward and one mooring line shall lead than 4 mooring lines will be handled by contain new or modified information astern from the break of the bow.

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(ii) one mooring line shall lead (c) Every vessel prior to departing posted on the Copyright Office Web site forward and one mooring line shall lead from a port, dock, or anchorage shall at http://www.copyright.gov/docs/ astern from the quarter. report to the appropriate Seaway station databases. The Web site interface * * * * * its destination and its expected time of requires submitters to complete a form 5. Revise § 401.24 to read as follows: arrival at the next check point. specifying name and organization, as * * * * * applicable, and to upload comments as § 401.24 Application for preclearance. an attachment via a browse button. To Issued at Washington, DC on January 18, The representative of a vessel may, on 2011. meet accessibility standards, all a preclearance form obtained from the comments must be uploaded in a single Saint Lawrence Seaway Development Manager, St. Lambert, Quebec, or Corporation. file in either the Adobe Portable downloaded from the St. Lawrence Document File (PDF) format that Collister Johnson, Jr., Seaway Web site (http:// contains searchable, accessible text (not www.greatlakes-seaway.com), apply for Administrator. an image); Microsoft Word; preclearance, giving particulars of the [FR Doc. 2011–1833 Filed 1–27–11; 8:45 am] WordPerfect; Rich Text Format (RTF); or ownership, liability insurance and BILLING CODE 4910–61–P ASCII text file format (not a scanned physical characteristics of the vessel document). The maximum file size is 6 and guaranteeing payment of the fees megabytes (MB). The name of the that may be incurred by the vessel. The LIBRARY OF CONGRESS submitter and organization should preclearance application must be appear on both the form and the face of received by the St. Lawrence Seaway Copyright Office the comments. All comments will be between 08:00—16:00 hours Monday posted publicly on the Copyright Office through Friday excluding holidays and 37 CFR Part 202 Web site exactly as they are received, at least 24 hours prior to arrival. [Docket No. 2011–2] along with names and organizations. If 6. In § 401.39, revise paragraph (a) as electronic submission of comments is follows: Deposit Requirements for Registration not feasible, please contact the of Automated Databases That Copyright Office at 202–707–8125 for § 401.39 Preparing mooring lines for special instructions. passing through. Predominantly Consist of Photographs FOR FURTHER INFORMATION CONTACT: * * * * * AGENCY: Copyright Office, Library of David O. Carson, General Counsel, or (a) Winches shall be capable of paying Congress. Catherine Rowland, Attorney Advisor, out and heaving in at a minimum speed ACTION: Notice of proposed rulemaking Copyright Office, GC/I&R, P.O. Box of 46 m per minute; and and request for comments. 70400, Washington, DC 20024. * * * * * Telephone: (202) 707–8380. Telefax: SUMMARY: The Copyright Office is 7. In § 401.40, revise paragraph (a) to (202) 707–8366. read as follows: proposing to amend its regulations, including the recently published SUPPLEMENTARY INFORMATION: § 401.40 Entering, exiting, or position in interim regulations regarding electronic Background lock. registration of automated databases that (a) Unless directed by the Manager consist predominantly of photographs The Copyright Office has long and the Corporation, no vessel shall and group registration of published allowed photographers to register proceed into a lock in such a manner photographs (the ‘‘Interim Regulations’’), groups or collections of photographs, that the stem passes the stop symbol on governing the deposit requirements for including groups of either published or the lock wall nearest the closed gates. applications for automated databases unpublished photographs (or of any other unpublished works) as part of a * * * * * that consist predominantly of single work when certain requirements 8. In § 401.51, revise paragraph (b) to photographs. The proposed have been met. See 37 CFR read as follows: amendments would require that, in addition to providing material relating 202.3(b)(4)(i)(A) and (B). It has also § 401.51 Signaling approach to a bridge. to claimed compilation authorship, the adopted a group registration procedure * * * * * deposits for such databases include the for published photographs that (b) The signs referred to in subsection image of each photograph in which complements the unpublished (a) are placed at distances varying copyright is claimed. The Office collection procedure. See 37 CFR between 550 m and 2990 m upstream believes that this amendment will align 202.3(b)(10). and downstream from moveable bridges the deposit requirements for such Despite the availability of these at sites other than lock sites. databases with the deposit requirements options, however, some applicants have registered groups of photographs as part * * * * * for published or unpublished of automated databases. A published 9. In § 401.57, revise paragraph (c) to photographs as a single work or group database is registerable under the ‘‘single read as follows: registration of published photographs and provide a better public record unit of publication’’ rule of § 401.57 Disembarking or boarding. identifying the scope of the copyright § 202.3(b)(4)(i)(A), and the group * * * * * claim. database registration provisions permit (c) Persons disembarking or boarding single registrations that covers up to DATES: Comments must be received in shall be assisted by a member of the three months’ worth of updates and the Office of the General Counsel of the vessel’s crew under safe conditions. revisions to an automated database Copyright Office no later than February 10. In § 401.65, revise paragraph (c) to when all of the updates or other 28, 2011. read as follows: revisions (1) are owned by the same ADDRESSES: The Copyright Office copyright claimant, (2) have the same § 401.65 Communication—ports, docks strongly prefers that comments be general title, (3) are similar in their and anchorages. submitted electronically. A comment general content, including their subject, * * * * * page containing a comment form is and (4) are similar in their organization.

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37 CFR 202.3(b)(5). Using this copyright protection is claimed.’’ Deposit of List of Subjects in 37 CFR Part 202 the work being registered is one of the provision, stock photography agencies Copyright. have registered all the photographs fundamental requirements of copyright registration, and it serves an important added to their databases within a three- purpose. As the legislative history of the PART 202—PREREGISTRATION AND month period when they have obtained Copyright Act of 1976 recognizes, copies of REGISTRATION OF CLAIMS TO copyright assignments from the registration deposits may be needed for COPYRIGHT photographers. identification of the copyrighted work in The regulations governing registration connection with litigation or for other 1. The authority citation for part 202 of automated databases embodied in purposes. The ability of litigants to obtain a continues to read as follows: machine-readable copies (other than in certified copy of a registered work that was Authority: 17 U.S.C. 407, 408, 702. a CD–ROM format) require deposits that deposited with the Office prior to the existence of the controversy that led to a 2. Amend § 202.20 as follows: are significantly different than the lawsuit serves an important evidentiary a. In paragraph (c)(2)(vii)(D)(5) deposits required in connection with purpose in establishing the [identity] and introductory text by removing the other regulations for registration of content of the plaintiff’s work. ‘‘electronically submitted’’ after ‘‘or in photographs, discussed above. Section Registration of Claims to Copyright, the case of’’; 202.20(c)(2)(vii)(D)(5) of the Office’s Group Registration of Photographs, 66 b. In paragraph (c)(2)(vii)(D)(8) by regulations provides that the FR 37142, 37147 (July 17, 2001) removing ‘‘submitted electronically’’ applications for database registrations (citations omitted). Moreover, the actual after ‘‘case of an application’’; and need not be accompanied by a deposit practice with respect to almost all c. In paragraph (c)(2)(xx) introductory of the entire work, but instead may registrations of predominantly text remove ‘‘registered with an include identifying material consisting photographic databases has in fact been application submitted electronically of fifty representative pages or data to include all of the photographs in the under § 202.3(b)(5)(ii)(A)’’ after ‘‘and for records marked to show the new deposit. automated databases that consist material added on one representative predominantly of photographs’’. day, along with additional identifying For these reasons, in the recently information. The deposit accompanying announced interim regulation Dated: January 24, 2011. a database registration application thus establishing a pilot program for online Maria Pallante, applications for group registration of can consist of a fraction of the Acting Register of Copyrights. copyrightable material covered by the databases consisting predominantly of photographic authorship, the Office [FR Doc. 2011–1884 Filed 1–27–11; 8:45 am] registration. BILLING CODE 1410–30–P This is in stark contrast to the deposit included a requirement that the deposit requirements for registration of accompanying such an online unpublished collections, for group application authorship must include the image of each claimed photograph in ENVIRONMENTAL PROTECTION registrations of published photographs, AGENCY and for most other forms of copyright the database. Interim Rule, Registration of claims of copyright, 76 FR 4072–4076 registration. Section 202.3(b)(10)(x), 40 CFR Parts 260 and 261 which governs the deposit for a group January 24, 2011). In order to conform to the prevailing registration of photographs, provides [EPA–HQ–RCRA–2008–0808; FRL–9260–2] practice and the Office’s determination that the deposit shall consist of ‘‘one RIN–2050–AE78 of what a reasonable deposit copy of each photograph [to] be requirement should include, the Office submitted in one of the formats set forth Regulation of Oil-Bearing Hazardous proposes to apply that requirement to in Sec. 202.20(c)(2)(xx).’’ See also 37 Secondary Materials From the deposits accompanying paper CFR 202.20(c)(1)(i) (‘‘in the case of Petroleum Refining Industry applications for group registration of unpublished works, [the deposit shall Processed in a Gasification System To databases consisting predominantly of consist of] one complete copy or Produce Synthesis Gas; Tentative photographic authorship. The proposed phonorecord,’’ a provision that applies Determination To Deny Petition for amendment would provide that, for any to registrations of unpublished Reconsideration registration (whether the application is collections as well as individual made by paper application or online AGENCY: Environmental Protection unpublished works). Agency (EPA). There is no good reason why a pursuant to the Interim Regulation) of registration should issue for a database an automated database consisting ACTION: Notice of action—tentative consisting predominantly of predominantly of photographs, the determination to deny petition for photographs when the copyright claim deposit shall include, in addition to the reconsideration. descriptive statement currently required extends to the individual photographs SUMMARY: EPA is providing notice of, themselves unless each of those claimed under section 202.20(c)(2)(vii)(D)(5), all of the photographs included in the and soliciting written comments on, a photographs is actually included as part tentative determination to deny an of the deposit. As the Office said when copyright claim being registered. Identifying material will not constitute administrative petition submitted by the it announced its regulations on group Sierra Club under RCRA section 7004. registration of published photographs: a sufficient deposit. As noted above, this conforms with what has in fact been the EPA issued an earlier notice denying [T]he Office rejects the plea of at least one prevailing practice. The Office also this same petition in November 2008. commenter to permit the use of descriptive notes that it will, in the future, consider However, the Agency at that time failed identifying material in lieu of the actual extending this requirement to other to comply with notice and comment images. Although the Office had previously provisions in its regulations. expressed a willingness to consider such a types of databases. Accordingly, we are now giving the proposal, the most recent notice of proposed Proposed Regulations rulemaking noted that ‘‘the Office is reluctant public the opportunity to provide to implement a procedure that would permit In consideration of the foregoing, the comments on this tentative decision. the acceptance of deposits that do not Copyright Office proposes to amend part This petition requests EPA to reconsider meaningfully reveal the work for which 202 of 37 CFR, as follows: the final rule, ‘‘Regulation of Oil-Bearing

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Hazardous Secondary Materials from Instructions: Direct your comments to www.regulations.gov Web site. Although the Petroleum Refining Industry Docket ID No. EPA–HQ–RCRA–2008– listed in the index, some information Processed in a Gasification System to 0808. EPA’s policy is that all comments may not be publicly available, because, Produce Synthesis Gas,’’ published in received will be included in the public for example, it may be Confidential the Federal Register on January 2, 2008. docket without change and may be Business Information (CBI) or other The EPA considered the petition, along made available online at http:// information, the disclosure of which is with information contained in the www.regulations.gov, including any restricted by statute. Certain material, rulemaking docket, and has tentatively personal information provided, unless such as copyrighted material, is not decided to deny the petition. In a letter the comment includes information placed on the Internet and will be from EPA Assistant Administrator claimed to be Confidential Business publicly available only in hard copy Mathy Stanislaus dated January 21, Information (CBI) or other information form. Publicly available docket 2011, EPA provided the petitioner with whose disclosure is restricted by statute. materials are available either its tentative decision to deny the Do not submit information that you electronically through http:// petition for reconsideration. The letter consider to be CBI or otherwise www.regulations.gov or in hard copy at explains EPA’s reasons for tentatively protected through http:// the RCRA Docket, EPA, EPA West deciding to deny the petition. After www.regulations.gov or e-mail. The Building, Room 3334, 1301 Constitution evaluating all public comments, as well http://www.regulations.gov Web site is Avenue, NW., Washington, DC. The as any other information in the an ‘‘anonymous access’’ system, which Docket Facility is open from 8:30 a.m. rulemaking record, EPA will publish means EPA will not know your identity to 4:30 p.m., Monday through Friday, either a final denial of the petition or or contact information unless you excluding legal holidays. The telephone issue a proposed rule to amend or repeal provide it in the body of your comment. number for the Public Reading Room is the regulation. If you send an e-mail comment directly (202) 566–1744, and the telephone DATES: Submit comments on or before to EPA without going through http:// number for the RCRA Docket is (202) March 14, 2011. www.regulations.gov, your e-mail 566–0270. A reasonable fee may be ADDRESSES: Submit your comments, address will be automatically captured charged for copying docket materials. and included as part of the comment identified by Docket ID No. EPA–HQ– Appendix: Letter to Earthjustice that is placed in the public docket and RCRA–2008–0808, by one of the Tentatively Denying the Request for a made available on the Internet. If you following methods: Petition for Reconsideration • Electronic docket at: http:// submit an electronic comment, EPA www.regulations.gov: Follow the on-line recommends that you include your Ms. Lisa Gollin Evans, Earthjustice, 21 Ocean Avenue, Marblehead, MA 01945. instructions for submitting comments. name and other contact information in • E-mail: Comments may be sent by the body of your comment and with any Dear Ms. Evans: electronic mail (e-mail) to rcra- disk or CD–ROM you submit. If EPA This is in response to the petition for [email protected], Attention Docket ID cannot read your comment due to reconsideration you submitted, dated April 1, No. EPA–HQ–RCRA–2008–0808. In technical difficulties and cannot contact 2008, to the U.S. Environmental Protection contrast to EPA’s electronic public you for clarification, EPA may not be Agency (EPA) under the Resource able to consider your comment. Conservation and Recovery Act (RCRA) docket, EPA’s e-mail system is not an § 7004(a), 42 U.S.C. 6974(a), on behalf of the ‘‘anonymous access’’ system. If you send Electronic files should avoid the use of special characters, any form of Sierra Club and the Louisiana Environmental an e-mail comment directly to the Action Network (LEAN). Sierra Club and Docket without going through EPA’s encryption, and be free of any defects or LEAN request that EPA reconsider the final electronic public docket, EPA’s e-mail viruses. For additional information rule, ‘‘Regulation of Oil-Bearing Hazardous system automatically captures your e- about EPA’s public docket, visit the EPA Secondary Materials from the Petroleum mail address. E-mail addresses that are Docket Center homepage at http:// Refining Industry Processed in a Gasification automatically captured by EPA’s e-mail www.epa.gov/epahome/dockets.htm. System to Produce Synthesis Gas’’ (Gasification Rule). This final rule was system are included as part of the For additional instructions on submitting comments, go to the published in the Federal Register on January comment that is placed in the official 2, 2008 (73 FR 57, et seq.) public docket, and made available in SUPPLEMENTARY INFORMATION section of Your petition raises both procedural EPA’s electronic public docket. this document. (notice and comment) and substantive • Fax: Comments may be faxed to FOR FURTHER INFORMATION CONTACT: grounds for seeking the agency’s 202–566–0272; Attention Docket ID No. Alan Carpien, U.S. Environmental reconsideration of the Gasification Rule. For EPA–HQ–RCRA–2008–0808. Protection Agency, Office of General the reasons stated below, EPA has made a • Mail: Send your comments to the Counsel, Mail Code 2366A, 1200 tentative determination to deny the petition for reconsideration.1 In accordance with the RCRA Docket (28221T), Attention Pennsylvania Ave., NW., Washington, regulatory requirements of 40 CFR 260.20, Docket ID No. EPA–HQ–RCRA–2008– DC 20460; telephone (202) 564–5507; or EPA is providing notice of and soliciting 0808, Environmental Protection Agency, [email protected]. written comments on this tentative 1200 Pennsylvania Ave., NW., SUPPLEMENTARY INFORMATION: determination to deny your petition for Washington, DC 20460. Please include a reconsideration in the Federal Register. total of two copies. How can I get copies of this document EPA notes that we issued a letter with • Hand Delivery: Deliver two copies and other related information? essentially the same substantive response as 2 of your comments to the RCRA Docket, This Federal Register notice, the stated in this letter in November 2008. Attention Docket ID No. EPA–HQ– petition for reconsideration and the 1 We would also note that section 7004(a) of RCRA–2008–0808, EPA, EPA West letter providing a tentative RCRA provides that any person may petition the Building, Room 3334, 1301 Constitution determination for denial of the petition Administrator for the promulgation, amendment or Ave., NW., Washington, DC 20460. Such for reconsideration are available in a repeal of any regulation under the Act. However, in deliveries are only accepted during the docket EPA has established for this your petition for reconsideration, you fail to state whether the Sierra Club and LEAN are requesting Docket’s normal hours of operation, and action under Docket ID No. EPA–HQ– whether EPA amend or repeal the Gasification Rule. special arrangements should be made RCRA–2008–0808. All documents in the 2 Letter to Lisa Gollin Evans, Earthjustice, from for deliveries of boxed information. docket are listed on the http:// Susan Parker Bodine, EPA Assistant Administrator,

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However, the Agency at that time failed to Arbitrary and Capricious Issues provisions of the 1998 NODA were still being comply with notice and comment provisions You also make several arguments as to why considered. It is significant that your petition in its regulations at 40 CFR 260.20. the Gasification Rule is arbitrary and for reconsideration ignores this discussion in Accordingly, we are now giving the public capricious. Specifically, you argue that EPA’s the March 2002 proposal. In particular, the the opportunity to provide comments on this decision not to impose the treatment March 2002 proposal discusses in detail that tentative decision. A notice is appearing in requirements, for which you claim notice and the agency had requested comment as to the Federal Register allowing the public to comment was inadequate, was arbitrary and whether the exclusion from the definition of respond to this decision. The comment capricious based on certain details regarding solid waste issued in 1998 should apply to period will be 45 days from the date of particular chemicals. (Petition at pg. 12–13) the recycling of oil-bearing materials into publication of the Federal Register notice. In addition, you argue that EPA is arbitrary gasification systems at petroleum refineries and capricious for relying on the Toxicity and that the gasification and petroleum Notice and Comment Issues Characteristic Leaching Procedure (TCLP) to industries favored this exclusion (63 FR Your petition states as grounds for predict leaching characteristics of 13685–86, footnote 2). We also noted that reconsideration that the rule violates the gasification residues. (Petition at pg. 15) reinserting secondary materials into notice and comment requirements of the Finally, you also argue that EPA fails to gasification systems ‘‘is analogous’’ to the Administrative Procedure Act (APA) set forth regulate facilities that burn fuel made from August 1998 exclusion for reinsertion of at 5 U.S.C. 553. Your basis for this assertion hazardous wastes in contravention of RCRA other petroleum residuals into the refining process. Id. at 13686. is that EPA ‘‘relied on’’ a proposal suggested section 3004(q), 42 U.S.C. 6924(q). (Petition In the Gasification Rule, EPA scaled back in a 1998 Federal Register notice 3 and ‘‘not at pg. 13–15) This argument presupposes that on its plans for a more ‘‘ambitious’’ exclusion on the 2002 proposed rule’’ 4 to formulate the the material fed into the gasifier is a solid and returned largely to its original views Gasification Rule. You suggest that, as a and hazardous waste as opposed to a non- waste material that is being recycled. regarding exclusions for hazardous secondary result, the final rule ‘‘is not a ‘‘logical materials returned to the petroleum refining outgrowth’’ of the agency’s proposed rule’’ Response system. See 73 FR 58–59. The final rule (Petition at pg. 7) and, therefore, ‘‘the public EPA does not believe that you have retained the conditions for speculative was denied the opportunity for notice and presented the agency with any new accumulation and land placement, and comment in several critical areas.’’ (Petition information that would suggest or otherwise added a definition of ‘‘gasifier’’ to ensure that at pg. 8) require that we reconsider the Gasification the gasification was indeed recycling of a ‘‘ ’’ The critical areas to which you refer are Rule, nor have you raised any issues that product and not waste treatment. The final noted below. have not already been raised by the rule, however, as you noted, did not contain (1) You assert that the Gasification Rule comments in the rulemaking process. We the slagging requirement in the definition, does not contain ‘‘chemical and physical also believe that the Gasification Rule meets nor the fuel specifications or the residue specifications of the synthesis gas fuel the APA notice and comment requirements requirements. These changes were the result product that is produced by gasifying the oil- and, therefore, disagree with your view that of the agency’s deliberations on each bearing hazardous secondary materials.’’ the agency did not provide adequate notice condition that took into account all of the (Petition at pg. 8–10) In support of this to the public and an opportunity to comment comments received. The preamble to the assertion, you refer to statements in the on the provisions of the final rule. final rule discussed in detail the fact that preamble to the March 2002 proposal for the In particular, in August 1998, EPA decided EPA received comments ranging from Gasification Rule (67 FR 13684, et seq.) and not to include gasification in the petroleum demands for full hazardous waste regulation one statement in the January 2, 2008, final refinery exclusion when it issued the final to those arguing that the agency should not rule. The statements in the March 2002 rule ‘‘Hazardous Waste Management System; be regulating gasification at all since it was proposal discuss various reasons why EPA Identification and Listing of Hazardous an integral part of the petroleum refining thought, at the time, there should be Waste; Petroleum Refining Process Wastes; process and did not constitute waste chemical and physical specifications for Land Disposal Restrictions for Newly management. See 73 FR at 59. Among the synthesis gas produced and also express Identified Wastes; And CERCLA Hazardous comments were those that ‘‘expressed concerns as to what concentrations of metals Substance Designation and Reportable concern with one or more of the proposed ’’ actually exist in synthesis gas. Quantities,’’ (‘‘Petroleum Listing Rule’’), 63 FR conditions and, even if they disagreed with (2) You assert that the Gasification Rule 42110, et seq. The rules, issued in 1998, imposing any conditions, provided ‘‘comments on the specific conditions ‘‘fundamentally alters the definition of which were limited to the petroleum refinery proposed.’’ 5 gasification and entirely removes proposed industry, only require that the materials Id. The variety and nature of comments conditions pertaining to operation of the reinserted into the petroleum refining submitted demonstrates that EPA had a gasifier,’’ particularly requirements for process not be speculatively accumulated nor record upon which to make a decision that slagging inorganic feed at temperatures above be placed on the land prior to reuse. In the was based on a wide range of opinions and 2,000 degrees C. (Petition at pg. 10) March 2002 proposal, EPA made it very clear information. Indeed, it is plain that EPA’s (3) You assert that the Gasification Rule is that it was proposing to put gasification ‘‘on the same regulatory footing (i.e., excluded) as proposal succeeded in obtaining opinions not a logical outgrowth of the proposed rule and views from a wide range of interests and and that it is insufficiently protective of other hazardous secondary materials returned to a petroleum refining process’’ in allowed the agency to consider the form of human health and the environment because the final rule carefully. In fact, as noted it did not ‘‘require that co-products and the 1998 rule. In March 2002, EPA proposed a definition of gasification systems to ensure above, EPA decided on a far less ambitious residues generated by the gasification system final rule for a number of reasons. We meet the Universal Treatment Standards if that the systems were not actually waste treatment systems, but true synthesis gas understand that you may disagree with EPA’s these materials are applied to the land,’’ even conclusions, but we believe that the though the agency had proposed such production facilities. This definition included certain operating conditions for the regulatory choices made by the agency are conditions in March 2002. (Petition at pg. gasifiers, including a condition that the reasonable based on the rulemaking record. 10–12) gasifier slag organic feed materials at In the absence of any new information, it temperatures above 2,000 degrees C. The would not be useful for the agency to revisit dated November 14, 2008. This letter is available in proposal also suggested specifications as to the docket (docket item EPA–HQ–RCRA–2008– various contaminants that the fuels produced 5 Your reference to an inadequacy of notice and 0808–0004). contained, and specifications regarding comment with respect to the synthesis gas 3 Notice of Data Availability (NODA), 63 FR residues. See 67 FR at 13693–96. These last specification (Petition at pg. 9) is taken out of 38139 (July 15, 1998). three conditions are those to which you refer context. You claim that we only received comments 4 ‘‘Regulation of Hazardous Oil-Bearing Secondary on the sufficiency of the specification but, in fact, Materials From the Petroleum Refining Industry in your Petition for Reconsideration, as noted EPA received a range of comments some of which and Other Hazardous Secondary Materials above. claimed the specification was too lenient, but others Processed in a Gasification System To Produce Importantly, the March 2002 Gasification argued against establishing any specification. See Synthesis Gas,’’ 67 FR 13684 (March 25, 2002). Proposal specifically provided notice that the 73 FR at 64.

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evidence and arguments it has already (DRAS) Version 3.0 in the evaluation of the body of your comment and with any carefully considered. In our view, the notice the impact of the petitioned waste on disk or CD–ROM you submit. If EPA and comment issues you have raised are human health and the environment. cannot read your comment due to actually discussions of the merits of the technical difficulties and cannot contact agency’s decision with which you disagree. DATES: We will accept comments until See 73 FR 61–67.6 In fact, you do not point February 28, 2011. We will stamp you for clarification, EPA may not be to any information which EPA lacks to make comments received after the close of the able to consider your comment. its decision. comment period as late. These late Electronic files should avoid the use of Finally, EPA disagrees with your legal comments may or may not be special characters, any form of argument that the final rule does not comport considered in formulating a final encryption, and be free of any defects or with RCRA section 3004(q). (Petition at pg. decision. Your requests for a hearing viruses. 13–15) Because EPA is providing an must reach EPA by February 14, 2011. Docket. All documents in the exclusion from the definition of solid waste The request must contain the electronic docket are listed in the for the hazardous secondary materials fed to information prescribed in 40 CFR http://www.regulations.gov index. gasifiers subject to this rule, EPA does not Although listed in the index, some implicate the provisions of section 3004(q) of 260.20(d) (hereinafter all CFR cites refer RCRA, 42 U.S.C. 6924(q), which requires that to 40 CFR unless otherwise stated). information is not publicly available, the hazardous secondary material first be a ADDRESSES: Submit your comments, e.g., CBI or other information whose solid waste. identified by Docket ID No. EPA–R06– disclosure is restricted by statute. As previously stated, a notice will be RCRA- 2010–1052 by one of the Certain other material, such as published in the Federal Register following methods: copyrighted material, will be publicly announcing the agency’s tentative decision to 1. Federal eRulemaking Portal: available only in hard copy. Publicly deny your petition for reconsideration and available docket materials may be will provide the public a 45 day period to http://www.regulations.gov: Follow the on-line instructions for submitting available either electronically in http:// comment After considering any comments www.regulations.gov or in electronic or received, the agency will make a final comments. decision on the merits of your petition. 2. E-mail: [email protected]. hard copy at the Environmental If you should have any questions, you may 3. Mail: Michelle Peace, Protection Agency, RCRA Branch, 1445 contact Alan Carpien, EPA’s Office of Environmental Protection Agency, Ross Avenue, Dallas, TX 75202. The General Counsel at (202) 564–5507. Multimedia Planning and Permitting hard copy RCRA regulatory docket for Sincerely, Division, RCRA Branch, Mail Code: this proposed rule, EPA–R06–RCRA– Mathy Stanislaus 6PD–C, 1445 Ross Avenue, Dallas, TX 2010–1052, is available for viewing from Assistant Administrator, Office of Solid 75202. 8 a.m. to 5 p.m., Monday through Waste and Emergency Response 4. Hand Delivery or Courier: Deliver Friday, excluding Federal holidays. The Dated: January 19, 2011. your comments to: Michelle Peace, public may copy material from any Mathy Stanislaus, Environmental Protection Agency, regulatory docket at no cost for the first Assistant Administrator, Office of Solid Waste Multimedia Planning and Permitting 100 pages, and at fifteen cents per page and Emergency Response. Division, RCRA Branch, Mail Code: for additional copies. EPA requests that FOR [FR Doc. 2011–1906 Filed 1–27–11; 8:45 am] 6PD–C, 1445 Ross Avenue, Dallas, TX you contact the person listed in the FURTHER INFORMATION CONTACT section to BILLING CODE 6560–50–P 75202. Instructions: Direct your comments to schedule your inspection. The Docket ID No. EPA–R06–RCRA–2010– interested persons wanting to examine ENVIRONMENTAL PROTECTION 1052. EPA’s policy is that all comments these documents should make an AGENCY received will be included in the public appointment with the office at least 24 docket without change and may be hours in advance. 40 CFR Part 261 made available online at http:// FOR FURTHER INFORMATION CONTACT: For [EPA–R06–RCRA–2010–1052; SW–FRL– www.regulations.gov, including any technical information regarding the 9259–3] personal information provided, unless Republic Services, Inc./BFI Gulf West the comment includes information Landfill petition, contact Michelle Peace Hazardous Waste Management claimed to be Confidential Business at 214–665–7430 or by e-mail at System; Identification and Listing of Information (CBI) or other information [email protected]. Hazardous Waste; Proposed Rule whose disclosure is restricted by statute. Your requests for a hearing must Do not submit information that you reach EPA by February 14, 2011. The AGENCY: Environmental Protection consider to be CBI or otherwise request must contain the information Agency (EPA). protected through http:// described in § 260.20(d). ACTION: Proposed rule. www.regulations.gov or e-mail. The SUPPLEMENTARY INFORMATION: Gulf West http://www.regulations.gov Web site is submitted a petition under 40 CFR SUMMARY: EPA is proposing to grant a an ‘‘anonymous access’’ system, which petition submitted by Gulf West 260.20 and 260.22(a). Section 260.20 means EPA will not know your identity Landfill, TX, LP. (Gulf West) to exclude allows any person to petition the or contact information unless you (or delist) the landfill leachate generated Administrator to modify or revoke any provide it in the body of your comment. by Gulf West in Anahuac, Texas from provision of parts 260 through 266, 268 If you send an e-mail comment directly the lists of hazardous wastes. EPA used and 273. Section 260.22(a) specifically to EPA without going through http:// the Delisting Risk Assessment Software provides generators the opportunity to www.regulations.gov, your e-mail petition the Administrator to exclude a 6 We also disagree with your assertion that the address will be automatically captured waste on a ‘‘generator specific’’ basis Agency improperly relied on the use of the Toxicity and included as part of the comment from the hazardous waste lists. Characteristic Leaching Procedure (TCLP). The that is placed in the public docket and EPA bases its proposed decision to TCLP is a duly promulgated regulation of EPA and made available on the Internet. If you grant the petition on an evaluation of has not been challenged within the appropriate statutory time period for challenging regulations. submit an electronic comment, EPA waste-specific information provided by EPA’s use of the TCLP in this regulation is entirely recommends that you include your the petitioner. This decision, if appropriate. name and other contact information in finalized, would conditionally exclude

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the petitioned waste from the wastes codes are F019, F039, K017, D. When would the proposed delisting requirements of hazardous waste K019, and K020. exclusion be finalized? regulations under the Resource RCRA section 3001(f) specifically Conservation and Recovery Act (RCRA). B. Why is EPA proposing to approve this delisting? requires EPA to provide a notice and an If finalized, EPA would conclude that opportunity for comment before Gulf West’s petitioned waste is non- Gulf West’s petition requests an granting or denying a final exclusion. hazardous with respect to the original exclusion from the F019, F039, K017, Thus, EPA will not grant the exclusion listing criteria. EPA would also K019, and K020 waste listings pursuant until it addresses all timely public conclude that Gulf West’s process to 40 CFR 260.20 and 260.22. Gulf West comments (including those at public minimizes short-term and long-term does not believe that the petitioned hearings, if any) on this proposal. threats from the petitioned waste to waste meets the criteria for which EPA RCRA section 3010(b)(1) at 42 USCA human health and the environment. listed it. Gulf West also believes no 6930(b)(1), allows rules to become Table of Contents additional constituents or factors could effective in less than six months when cause the waste to be hazardous. EPA’s the regulated facility does not need the The information in this section is six-month period to come into organized as follows: review of this petition included consideration of the original listing compliance. That is the case here, I. Overview Information criteria and the additional factors because this rule, if finalized, would A. What action is EPA proposing? reduce the existing requirements for B. Why is EPA proposing to approve this required by the Hazardous and Solid Waste Amendments of 1984 (HSWA). persons generating hazardous wastes. delisting? EPA believes that this exclusion See section 3001(f) of RCRA, 42 U.S.C. C. How will Gulf West manage the waste, should be effective immediately upon if it is delisted? 6921(f), and 40 CFR 260.22(d)(1)–(4) final publication because a six-month D. When would the proposed delisting (hereinafter all sectional references are deadline is not necessary to achieve the exclusion be finalized? to 40 CFR unless otherwise indicated). purpose of section 3010(b), and a later E. How would this action affect states? In making the initial delisting II. Background effective date would impose A. What is the history of the delisting determination, EPA evaluated the unnecessary hardship and expense on program? petitioned waste against the listing this petitioner. These reasons also B. What is a delisting petition, and what criteria and factors cited in provide good cause for making this rule does it require of a petitioner? § 261.11(a)(2) and (a)(3). Based on this effective immediately, upon final C. What factors must EPA consider in review, EPA agrees with the petitioner publication, under the Administrative deciding whether to grant a delisting that the waste is non-hazardous with Procedure Act, 5 U.S.C. 553(d). petition? respect to the original listing criteria. If III. EPA’s Evaluation of the Waste EPA had found, based on this review, E. How would this action affect the Information and Data states? A. What wastes did Gulf West petition EPA that the waste remained hazardous to delist? based on the factors for which the waste Because EPA is issuing this exclusion B. Who is Gulf West and what process does was originally listed, EPA would have under the Federal RCRA delisting it use to generate the petitioned waste? proposed to deny the petition. EPA program, only states subject to Federal C. How did Gulf West sample and analyze evaluated the waste with respect to RCRA delisting provisions would be the data in this petition? other factors or criteria to assess affected. This would exclude states D. What were the results of Gulf West’s which have received authorization from sample analysis? whether there is a reasonable basis to E. How did EPA evaluate the risk of believe that such additional factors EPA to make their own delisting delisting this waste? could cause the waste to be hazardous. decisions. F. What did EPA conclude about Gulf EPA considered whether the waste is EPA allows states to impose their own West’s analysis? acutely toxic, the concentration of the non-RCRA regulatory requirements that G. What other factors did EPA consider in constituents in the waste, their tendency are more stringent than EPA’s, under its evaluation? to migrate and to bioaccumulate, their section 3009 of RCRA, 42 U.S.C. 6929. H. What is EPA’s evaluation of this These more stringent requirements may delisting petition? persistence in the environment once released from the waste, plausible and include a provision that prohibits a IV. Next Steps federally issued exclusion from taking A. With what conditions must the specific types of management of the petitioner comply? petitioned waste, the quantities of waste effect in the state. Because a dual system B. What happens if Gulf West violates the generated, and waste variability. EPA (that is, both Federal (RCRA) and state (non-RCRA) programs) may regulate a terms and conditions? believes that the petitioned waste does petitioner’s waste, EPA urges petitioners V. Public Comments not meet the listing criteria and thus A. How may I as an interested party submit to contact the state regulatory authority should not be a listed waste. EPA’s comments? to establish the status of their wastes proposed decision to delist waste from B. How may I review the docket or obtain under the state law. Gulf West is based on the information copies of the proposed exclusions? EPA has also authorized some states VI. Statutory and Executive Order Reviews submitted in support of this rule, (for example, Louisiana, Oklahoma, including descriptions of the wastes and I. Overview Information Georgia, Illinois) to administer a RCRA analytical data from the Anahuac, Texas delisting program in place of the Federal A. What action is EPA proposing? facility. program, that is, to make state delisting EPA is proposing to approve the C. How will Gulf West manage the waste decisions. Therefore, this exclusion delisting petition submitted by Gulf if it is delisted? does not apply in those authorized West to have the leachate from its states unless that state makes the rule landfill excluded, or delisted from the If the leachate is delisted, Gulf West part of its authorized program. If Gulf definition of a hazardous waste. The will dispose of the leachate at a publicly West transports the petitioned waste to leachate derived from the management owned treatment works or at an or manages the waste in any state with of several F- and K- waste codes. These industrial waste disposal facility. delisting authorization, Gulf West must

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obtain delisting authorization from that does not exhibit any of the hazardous was built to RCRA construction state before it can manage the waste as waste characteristics (that is, standards for hazardous waste disposal. non-hazardous in the state. ignitability, reactivity, corrosivity, and However, the site since 1993 has not toxicity) and present sufficient II. Background accepted hazardous waste and only information for EPA to decide whether accepts nonhazardous waste for A. What is the history of the delisting factors other than those for which the disposal only. In separate instances program? waste was listed warrant retaining it as Shell Oil and BAE Systems Inc. sent EPA published an amended list of a hazardous waste. (See part 261 and the waste materials to the facility which hazardous wastes from non-specific and background documents for the listed were subsequently delisted but at the specific sources on January 16, 1981, as waste.) time of disposal at Gulf West Landfill part of its final and interim final Generators remain obligated under were still considered hazardous wastes. regulations implementing section 3001 RCRA to confirm whether their waste The leachate generated from the landfill of RCRA. EPA has amended this list remains non-hazardous based on the where these materials were disposed several times and published it in 40 CFR hazardous waste characteristics even if have been treated as F039 hazardous 261.31 and 261.32. EPA has ‘‘delisted’’ the waste. wastes which carry F019 and K017, EPA lists these wastes as hazardous C. What factors must EPA consider in K019, K020 waste codes as a result of because: (1) The wastes typically and deciding whether to grant a delisting the mixture and derived from rules. The frequently exhibit one or more of the petition? petitioned waste is managed by characteristics of hazardous wastes collecting the liquids which have Besides considering the criteria in 40 identified in Subpart C of Part 261 (that percolated through the land disposed CFR 260.22(a) and § 3001(f) of RCRA, 42 is, ignitability, corrosivity, reactivity, wastes into the leachate collection U.S.C. 6921(f), and in the background and toxicity), (2) the wastes meet the system and conveying the leachate to criteria for listing contained in documents for the listed wastes, EPA must consider any factors (including storage tanks that are emptied into § 261.11(a)(2) or (a)(3), or (3) the wastes trucks for off-site disposal. are mixed with or derived from the additional constituents) other than those treatment, storage or disposal of such for which EPA listed the waste, if a C. How did Gulf West sample and characteristic and listed wastes and reasonable basis exists that these analyze the data in this petition? which therefore become hazardous additional factors could cause the waste under § 261.3(a)(2)(iv) or (c)(2)(i), to be hazardous. To support its petition, Gulf West known as the ‘‘mixture’’ or ‘‘derived- EPA must also consider as hazardous submitted: from’’ rules, respectively. waste mixtures containing listed (1) Historical information on waste Individual waste streams may vary, hazardous wastes and wastes derived generation and management practices; however, depending on raw materials, from treating, storing, or disposing of and industrial processes, and other factors. listed hazardous waste. See Thus, while a waste described in these § 261.3(a)(2)(iii and iv) and (c)(2)(i), (2) Analytical results from five regulations or resulting from the called the ‘‘mixture’’ and ‘‘derived-from’’ samples for total concentrations of operation of the mixture or derived-from rules, respectively. These wastes are compounds of concern (COC)s. rules generally is hazardous, a specific also eligible for exclusion and remain D. What were the results of Gulf West’s waste from an individual facility may hazardous wastes until excluded. See 66 analyses? not be hazardous. FR 27266 (May 16, 2001). For this reason, 40 CFR 260.20 and EPA believes that the descriptions of III. EPA’s Evaluation of the Waste 260.22 provide an exclusion procedure, the Gulf West analytical Information and Data called delisting, which allows persons characterization provide a reasonable to prove that EPA should not regulate a A. What waste did Gulf West petition basis to grant Gulf West’s petition for an specific waste from a particular EPA to delist? exclusion of the landfill leachate. EPA generating facility as a hazardous waste. In December 2009, Gulf West believes the data submitted in support B. What is a delisting petition, and what petitioned EPA to exclude from the lists of the petition show the landfill leachate does it require of a petitioner? of hazardous wastes contained in is non-hazardous. Analytical data for the landfill leachate samples were used A delisting petition is a request from §§ 261.31 and 261.32, landfill leachate a facility to EPA or an authorized state (F019, F039, K017, K019, and K020) in the DRAS to develop delisting levels. to exclude wastes from the list of generated from its facility located in The data summaries for COCs are hazardous wastes. The facility petitions Anahuac, Texas. The waste falls under presented in Table I. EPA has reviewed EPA because it does not consider the the classification of listed waste the sampling procedures used by Gulf wastes hazardous under RCRA pursuant to §§ 261.31 and 261.32. West and has determined that it satisfies regulations. Specifically, in its petition, Gulf West EPA criteria for collecting representative In a delisting petition, the petitioner requested that EPA grant a standard samples of the variations in constituent must show that wastes generated at a exclusion for 6,436 cubic yards (150,000 concentrations in the landfill leachate. particular facility do not meet any of the gallons) per year of the landfill leachate. In addition, the data submitted in criteria for which the waste was listed. support of the petition show that B. Who is Gulf West and what process The criteria for which EPA lists a waste constituents in Gulf West’s waste are does it use to generate the petitioned are in part 261 and further explained in presently below health-based levels waste? the background documents for the listed used in the delisting decision-making. waste. Gulf West Landfill is a disposal EPA believes that Gulf West has In addition, under 40 CFR 260.22, a facility. There are no products successfully demonstrated that the petitioner must prove that the waste manufactured at the site. The Landfill landfill leachate is non-hazardous.

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TABLE 1—ANALYTICAL RESULTS/MAXIMUM ALLOWABLE DELISTING CONCENTRATION [Landfill Leachate Republic Services, Inc./BFI Gulf West Landfill, Anahuac, Texas]

Maximum al- Maximum lowable TCLP Constituent TCLP delisting level (mg/l) (mg/L)

Acetone (2-propanone) ...... 4.10E+00 1.27E+02 Antimony ...... 1.20E–02 5.68E–02 Arsenic ...... 2.70E–01 3.37E–01 Barium ...... 1.80E+00 1.16E+01 Benzene ...... 1.20E–02 1.88E–02 Beryllium ...... 1.70E–04 1.03E+00 Cadmium ...... 3.50E–04 5.10E–02 Carbon disulfide ...... 5.20E–02 1.29E+01 Chromium ...... 2.40E–02 5.00E+00 Cobalt ...... 1.40E–02 3.18E–01 Copper ...... 1.10E–02 2.21E+01 Cresol m- ...... 1.80E–01 7.06E+00 Cresol o- ...... 5.30E+00 7.06E+00 Cresol p- ...... 1.40E–01 7.06E–01 DDT p,p’- ...... 2.30E–05 9.72E+25 Dioxane 1,4- ...... 9.10E–01 2.39E+00 Endosulfan (Endosulfan I and II, mixture) ...... 3.90E–04 1.55E+00 Endrin ...... 6.80E–05 2.0E–02 Ethyl ether ...... 4.30E–03 2.25E+01 Ethylbenzene ...... 1.10E–02 3.21E+00 HCH, (Hexachlorocyclohexane ) (Lindane) gamma- ...... 1.50E–04 4.00E–01 HCH, beta- (Hexachlorocyclohexane beta-BHC) ...... 3.00E–05 2.26E–03 Heptachlor ...... 3.40E–04 8.0 E–03 Heptachlor epoxide ...... 8.90E–05 8.0 E–03 Lead ...... 6.30E–03 2.57E+00 Mercury (Total) ...... 8.10E–05 1.25E–02 Methoxychlor ...... 3.40E–04 1.0E+01 Methyl ethyl ketone ...... 5.40E–01 8.47E+01 Methyl isobutyl ketone ...... 6.00E–01 1.13E+01 Nickel ...... 2.70E–01 5.74E+00 Selenium ...... 1.70E–02 4.47E–01 Silver ...... 1.40E–04 1.71E+00 Thallium ...... 4.08E–02 4.49 E–02 Tin ...... 6.50E–03 5.43 E+04 Toluene ...... 3.70E–02 3.93E+00 Trichlorophenoxy)propionic acid 2-(2,4,5- (Silvex) ...... 7.00E–03 1.88E–01 Trichlorophenoxyacetic acid 2,4,5- ...... 1.80E–02 1.41E+00 Vanadium ...... 1.20E–01 4.88E+00 Xylenes (total) ...... 1.70E–02 2.90E+00 Zinc ...... 8.10E–02 7.77E+01 Notes: These levels represent the highest constituent concentration found in any one sample and do not necessarily represent the specific level found in one sample.

E. How did EPA evaluate the risk of disposal of Gulf West’s petitioned waste standard risk assessment algorithms and delisting the waste? on human health and the environment. EPA health-based numbers. Using the A copy of this software can be found on maximum compliance-point For this delisting determination, EPA the world wide Web at http:// concentrations and EPA’s Composite used such information gathered to www.epa.gov/reg5rcra/wptdiv/ Model for Leachate Migration with identify plausible exposure routes (i.e., hazardous/delisting/dras-software.html. Transformation Products (EPACMTP) groundwater, surface water, air) for In assessing potential risks to fate and transport modeling factors, the hazardous constituents present in the groundwater, EPA used the maximum DRAS further back-calculates the petitioned waste. EPA determined that maximum permissible waste constituent disposal in a surface impoundment is waste volumes and the maximum reported extract concentrations as concentrations not expected to exceed the most reasonable, worst-case disposal the compliance-point concentrations in inputs to the DRAS program to estimate scenario for Gulf West’s petitioned groundwater. waste. EPA applied the Delisting Risk the constituent concentrations in the EPA believes that the EPACMTP fate Assessment Software (DRAS) described groundwater at a hypothetical receptor and transport model represents a in 65 FR 58015 (September 27, 2000) well down gradient from the disposal reasonable worst-case scenario for and 65 FR 75637 (December 4, 2000), to site. Using the risk level (carcinogenic possible groundwater contamination ¥ predict the maximum allowable risk of 10 5 and non-cancer hazard resulting from disposal of the petitioned concentrations of hazardous index of 1.0), the DRAS program can waste in a surface impoundment, and constituents that may be released from back-calculate the acceptable receptor that a reasonable worst-case scenario is the petitioned waste after disposal and well concentrations (referred to as appropriate when evaluating whether a determined the potential impact of the compliance-point concentrations) using waste should be relieved of the

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protective management constraints of §§ 261.21, 261.22 and 261.23, through 268 and the permitting RCRA Subtitle C. The use of some respectively. standards of part 270. reasonable worst-case scenarios resulted G. What other factors did EPA consider IV. Next Steps in conservative values for the in its evaluation? compliance-point concentrations and A. With what conditions must the ensures that the waste, once removed During the evaluation of Gulf West’s petitioner comply? petition, EPA also considered the from hazardous waste regulation, will The petitioner, Gulf West, must not pose a significant threat to human potential impact of the petitioned waste via non-groundwater routes (i.e., air comply with the requirements in 40 health or the environment. CFR part 261, Appendix IX, Table 1. The DRAS also uses the maximum emission and surface runoff). With The text below gives the rationale and estimated waste volumes and the regard to airborne dispersion in details of those requirements. maximum reported total concentrations particular, EPA believes that exposure (1) Delisting Levels: to predict possible risks associated with to airborne contaminants from Gulf This paragraph provides the levels of releases of waste constituents through West’s petitioned waste is unlikely. constituents for which Gulf West must surface pathways (e.g., volatilization Therefore, no appreciable air releases test the landfill leachate, below which from the impoundment). As in the are likely from Gulf West’s waste under these wastes would be considered non- above groundwater analyses, the DRAS any likely disposal conditions. EPA hazardous. EPA selected the set of uses the risk level, the health-based data evaluated the potential hazards and standard risk assessment and resulting from the unlikely scenario of inorganic and organic constituents exposure algorithms to predict airborne exposure to hazardous specified in paragraph (1) of 40 CFR part maximum compliance-point constituents released from Gulf West’s 261, Appendix IX, Table 1, (the concentrations of waste constituents at waste in an open impoundment. The exclusion language) based on a hypothetical point of exposure. Using results of this worst-case analysis information in the petition. EPA fate and transport equations, the DRAS indicated that there is no substantial compiled the inorganic and organic uses the maximum compliance-point present or potential hazard to human constituents list from the composition of concentrations and back-calculates the health and the environment from the waste, descriptions of Gulf West’s maximum allowable waste constituent airborne exposure to constituents from treatment process, previous test data concentrations (or ‘‘delisting levels’’). Gulf West’s landfill leachate. provided for the waste, and the In most cases, because a delisted respective health-based levels used in H. What is EPA’s evaluation of this waste is no longer subject to hazardous delisting decision-making. These waste control, EPA is generally unable delisting petition? delisting levels correspond to the to predict, and does not presently The descriptions of Gulf West’s allowable levels measured in the TCLP control, how a petitioner will manage a hazardous waste process and analytical concentrations. waste after delisting. Therefore, EPA characterization provide a reasonable (2) Waste Holding and Handling: currently believes that it is basis for EPA to grant the exclusion. The The purpose of this paragraph is to inappropriate to consider extensive site- data submitted in support of the petition ensure that Gulf West manages and specific factors when applying the fate show that constituents in the waste are disposes of any landfill leachate that and transport model. EPA does control below the leachable concentrations (see contains hazardous levels of inorganic the type of unit where the waste is Table I). EPA believes that Gulf West’s and organic constituents according to disposed. The waste must be disposed landfill leachate will not impose any Subtitle C of RCRA. Managing the in the type of unit the fate and transport threat to human health and the landfill leachate as a hazardous waste model evaluates. environment. until initial verification testing is The DRAS results which calculate the Thus, EPA believes Gulf West should performed will protect against improper maximum allowable concentration of be granted an exclusion for the landfill handling of hazardous material. If EPA chemical constituents in the waste are leachate. EPA believes the data determines that the data collected under presented in Table I. Based on the submitted in support of the petition this paragraph do not support the data comparison of the DRAS and TCLP show Gulf West’s landfill leachate is provided for in the petition, the Analyses results found in Table I, the non-hazardous. The data submitted in exclusion will not cover the petitioned petitioned waste should be delisted support of the petition show that waste. The exclusion is effective upon because no constituents of concern constituents in Gulf West’s waste are publication in the FEDERAL REGISTER but tested are likely to be present or formed presently below the compliance point the disposal as non-hazardous cannot as reaction products or by-products in concentrations used in the delisting begin until the verification sampling is Gulf West waste. decision and would not pose a completed. substantial hazard to the environment. (3) Verification Testing Requirements: F. What did EPA conclude about Gulf EPA believes that Gulf West has Gulf West must complete a rigorous West’s waste analysis? successfully demonstrated that the verification testing program on the EPA concluded, after reviewing Gulf landfill leachate is non-hazardous. landfill leachate to assure that the West’s processes that no other EPA therefore, proposes to grant an sludge does not exceed the maximum hazardous constituents of concern, other exclusion to Gulf West in Anahuac, levels specified in paragraph (1) of the than those for which tested, are likely to Texas, for the landfill leachate described exclusion language. This verification be present or formed as reaction in its petition. EPA’s decision to program operates on two levels. The products or by-products in the waste. In exclude this waste is based on first part of the verification testing addition, on the basis of explanations descriptions of the treatment activities program consists of testing the landfill and analytical data provided by Gulf associated with the petitioned waste leachate for specified indicator West, pursuant to § 260.22, EPA and characterization of the landfill parameters as per paragraph (1) of the concludes that the petitioned waste leachate. exclusion language. does not exhibit any of the If EPA finalizes the proposed rule, If EPA determines that the data characteristics of ignitability, EPA will no longer regulate the collected under this paragraph do not corrosivity, reactivity or toxicity. See petitioned waste under Parts 262 support the data provided for the

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petition, the exclusion will not cover flexibility of modifying its processes (for (1). This provision will allow EPA to the generated wastes. If the data from example, changes in equipment or reevaluate the exclusion, if a source the initial verification testing program change in operating conditions). provides new or additional information demonstrate that the leachate meets the However, Gulf West must prove the to EPA. EPA will evaluate the delisting levels, Gulf West may request effectiveness of the modified process information on which EPA based the quarterly testing. EPA will notify Gulf and request approval from EPA. Gulf decision to see if it is still correct, or if West in writing, if and when it may West must manage wastes generated circumstances have changed so that the replace the testing conditions in during the new process demonstration information is no longer correct or paragraph (3)(A) with the testing as hazardous waste until it has obtained would cause EPA to deny the petition, conditions in (3)(B) of the exclusion written approval and paragraph (3) of if presented. This provision expressly language. the exclusion language is satisfied. requires Gulf West to report differing The second part of the verification (5) Data Submittals: site conditions or assumptions used in testing program is the quarterly testing To provide appropriate the petition in addition to failure to of representative samples of landfill documentation that Gulf West’s landfill meet the annual testing conditions leachate for all constituents specified in leachate is meeting the delisting levels, within 10 days of discovery. If EPA paragraph (1) of the exclusion language. Gulf West must compile, summarize, discovers such information itself or EPA believes that the concentrations of and keep delisting records on-site for a from a third party, it can act on it as the constituents of concern in the minimum of five years. It should keep appropriate. The language being landfill leachate may vary over time. all analytical data obtained through proposed is similar to those provisions Consequently, this program will ensure paragraph (3) of the exclusion language found in RCRA regulations governing that the leachate is evaluated in terms including quality control information no-migration petitions at § 268.6. of variation in constituent for five years. Paragraph (5) of the EPA believes that it has the authority concentrations in the waste over time. exclusion language requires that Gulf under RCRA and the Administrative The proposed subsequent testing West furnish these data upon request for Procedures Act (APA), 5 U.S.C. 551 would verify that the constituent inspection by any employee or (1978) et seq., to reopen a delisting concentrations of the landfill leachate representative of EPA or the State of decision. EPA may reopen a delisting do not exhibit unacceptable temporal Texas. decision when it receives new and spatial levels of toxic constituents. If the proposed exclusion is made information that calls into question the EPA is proposing to require Gulf West final, it will apply only to 6,436 cubic assumptions underlying the delisting. to analyze representative samples of the yards (per year of landfill leachate EPA believes a clear statement of its landfill leachate quarterly during the generated at the Gulf West after authority in delistings is merited in light first year of waste generation. Gulf West successful verification testing. EPA of EPA’s experience. See Reynolds would begin quarterly sampling 60 days would require Gulf West to file a new Metals Company at 62 FR 37694 and 62 after the final exclusion as described in delisting petition under any of the FR 63458 where the delisted waste paragraph (3)(B) of the exclusion following circumstances: leached at greater concentrations in the language. (a) If it significantly alters the process environment than the concentrations EPA, per paragraph 3(C) of the or treatment system except as described predicted when conducting the TCLP, exclusion language, is proposing to end in paragraph (4) of the exclusion thus leading EPA to repeal the delisting. the subsequent testing conditions after language; If an immediate threat to human health the first year, if Gulf West has (b) If it significantly changes from the and the environment presents itself, demonstrated that the waste current process(es) described in their EPA will continue to address these consistently meets the delisting levels. petition; or situations on a case by case basis. Where To confirm that the characteristics of the (c) If it makes any changes that could necessary, EPA will make a good cause waste do not change significantly over affect the composition or type of waste finding to justify emergency rulemaking. time, Gulf West must continue to generated. See APA Section 553(b). analyze a representative sample of the Gulf West must manage waste (7) Notification Requirements: waste on an annual basis. Annual volumes greater than 6,436 cubic yards In order to adequately track wastes testing requires analyzing the full list of per year of landfill leachate as that have been delisted, EPA is components in paragraph (1) of the hazardous until EPA grants a new requiring that Gulf West provide a one- exclusion language. If operating exclusion. time notification to any state regulatory conditions change as described in When this exclusion becomes final, agency through which or to which the paragraph (4) of the exclusion language; Gulf West’s management of the wastes delisted waste is being carried. Gulf Gulf West must reinstate all testing in covered by this petition would be West must provide this notification 60 paragraph (1) of the exclusion language. relieved from Subtitle C jurisdiction, the days before commencing this activity. Gulf West must prove through a new landfill leachate from Gulf West will be B. What happens if Gulf West violates demonstration that their waste meets treated and disposed at the Anahuac the terms and conditions? the conditions of the exclusion. If the Wastewater Treatment Plant in annual testing of the waste does not Anahuac, TX or at the Newpark If Gulf West violates the terms and meet the delisting requirements in Industrial Facility in Winnie, TX. conditions established in the exclusion, paragraph (1), Gulf West must notify (6) Reopener: EPA will start procedures to withdraw EPA according to the requirements in The purpose of paragraph (6) of the the exclusion. Where there is an paragraph (6) of the exclusion language. exclusion language is to require Gulf immediate threat to human health and The facility must provide sampling West to disclose new or different the environment, EPA will evaluate the results that support the rationale that information related to a condition at the need for enforcement activities on a the delisting exclusion should not be facility or disposal of the waste, if it is case-by-case basis. EPA expects Gulf withdrawn. pertinent to the delisting. Gulf West West to conduct the appropriate waste (4) Changes in Operating Conditions: must also use this procedure, if the analysis and comply with the criteria Paragraph (4) of the exclusion waste sample in the annual testing fails explained above in paragraph (1) of the language would allow Gulf West the to meet the levels found in paragraph exclusion.

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V. Public Comments applies to a particular facility only. Advancement Act of 1995 (15 U.S.C. Because this rule is of particular 272 note) do not apply. As required by A. How can I as an interested party applicability relating to a particular section 3 of Executive Order 12988, submit comments? facility, it is not subject to the regulatory ‘‘Civil Justice Reform,’’ (61 FR 4729, EPA is requesting public comments flexibility provisions of the Regulatory February 7, 1996), in issuing this rule, on this proposed decision. Please send Flexibility Act (5 U.S.C. 601 et seq.), or EPA has taken the necessary steps to three copies of your comments. Send to sections 202, 204, and 205 of the eliminate drafting errors and ambiguity, two copies to Ben Banipal, Section Unfunded Mandates Reform Act of 1995 minimize potential litigation, and Chief of the Corrective Action and (UMRA) (Pub. L. 104–4). Because this provide a clear legal standard for Waste Minimization Section (6PD–C), rule will affect only a particular facility, affected conduct. The Congressional Multimedia Planning and Permitting it will not significantly or uniquely Review Act, 5 U.S.C. 801 et seq., as Division, Environmental Protection affect small governments, as specified in added by the Small Business Regulatory Agency (EPA), 1445 Ross Avenue, section 203 of UMRA. Because this rule Enforcement Fairness Act of 1996, Dallas, Texas 75202. Identify your will affect only a particular facility, this generally provides that before a rule comments at the top with this regulatory proposed rule does not have federalism may take effect, the agency docket number: ‘‘EPA–R6–RCRA–2010– implications. It will not have substantial promulgating the rule must submit a 1052 Republic Services, Inc./BFI Gulf direct effects on the States, on the rule report which includes a copy of the West Landfill.’’ You may submit your relationship between the national rule to each House of the Congress and comments electronically to Michelle government and the States, or on the to the Comptroller General of the United Peace at [email protected]. distribution of power and States. Section 804 exempts from You should submit requests for a responsibilities among the various section 801 the following types of rules hearing to Ben Banipal, Section Chief of levels of government, as specified in (1) rules of particular applicability; (2) the Corrective Action and Waste Executive Order 13132, ‘‘Federalism,’’ rules relating to agency management or Minimization Section (6PD–C), (64 FR 43255, August 10, 1999). Thus, personnel; and (3) rules of agency Multimedia Planning and Permitting Executive Order 13132 does not apply organization, procedure, or practice that Division, U. S. Environmental to this rule. Similarly, because this rule do not substantially affect the rights or Protection Agency, 1445 Ross Avenue, will affect only a particular facility, this obligations of non-agency parties 5 Dallas, Texas 75202. proposed rule does not have tribal U.S.C. 804(3). EPA is not required to B. How may I review the docket or implications, as specified in Executive submit a rule report regarding this obtain copies of the proposed Order 13175, ‘‘Consultation and action under section 801 because this is exclusion? Coordination with Indian Tribal a rule of particular applicability. Governments’’ (65 FR 67249, November You may review the RCRA regulatory Lists of Subjects in 40 CFR Part 261 docket for this proposed rule at the 9, 2000). Thus, Executive Order 13175 Environmental Protection Agency does not apply to this rule. This rule Environmental protection, Hazardous Region 6, 1445 Ross Avenue, Dallas, also is not subject to Executive Order Waste, Recycling, Reporting and record- Texas 75202. It is available for viewing 13045, ‘‘Protection of Children from keeping requirements. in EPA Freedom of Information Act Environmental Health Risks and Safety Authority: Sec. 3001(f) RCRA, 42 U.S.C. Review Room from 9 a.m. to 4 p.m., Risks’’ (62 FR 19885, April 23, 1997), 6921(f). because it is not economically Monday through Friday, excluding Dated: January 18, 2011. Federal holidays. Call (214) 665–6444 significant as defined in Executive Carl E. Edlund, for appointments. The public may copy Order 12866, and because the Agency material from any regulatory docket at does not have reason to believe the Director, Multimedia Planning and Permitting Division, Region 6. no cost for the first 100 pages, and at environmental health or safety risks fifteen cents per page for additional addressed by this action present a For the reasons set out in the copies. You may also request the disproportionate risk to children. The preamble, 40 CFR part 261 is proposed electronic files of the docket which do basis for this belief is that the Agency to be amended as follows: not appear on regulations.gov. used the DRAS program, which considers health and safety risks to PART 261—IDENTIFICATION AND VI. Statutory and Executive Order infants and children, to calculate the LISTING OF HAZARDOUS WASTE Reviews maximum allowable concentrations for Under Executive Order 12866, this rule. This rule is not subject to 1. The authority citation for part 261 ‘‘Regulatory Planning and Review’’ (58 Executive Order 13211, ‘‘Actions continues to read as follows: FR 51735, October 4, 1993), this rule is Concerning Regulations That Authority: 42 U.S.C. 6905, 6912(a), 6921, not of general applicability and Significantly Affect Energy Supply, 6922, and 6938. therefore is not a regulatory action Distribution, or Use’’ (66 FR 28355 (May 2. In Tables 1 and 2 of Appendix IX subject to review by the Office of 22, 2001)), because it is not a significant to Part 261 add the waste stream ‘‘Gulf Management and Budget (OMB). This regulatory action under Executive Order West Landfill’’ in alphabetical order by rule does not impose an information 12866. This rule does not involve facility to read as follows: collection burden under the provisions technical standards; thus, the of the Paperwork Reduction Act of 1995 requirements of section 12(d) of the Appendix IX to Part 261—Waste (44 U.S.C. 3501 et seq.) because it National Technology Transfer and Excluded Under §§ 260.20 and 260.22

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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES

Facility Address Waste description

******* Gulf West Landfill ..... Anahuac, TX ...... Landfill Leachate (EPA Hazardous Waste Numbers F019, F039, K017, K019, K020.) generated at a maximum rate of 1,300,000 gallons (6,436 cubic yards) per calendar year after [insert publi- cation date of the final rule]. For the exclusion to be valid, Gulf West must implement a verification testing program for each of the waste streams that meets the following Paragraphs: (1) Delisting Levels: All concentrations for those constituents must not exceed the maximum al- lowable concentrations in mg/l specified in this paragraph. Landfill Leachate. Leachable Concentrations (mg/l): Antimony—0.0568; Acetone—127; Arsenic— 0.337; Barium—11.6; Benzene—0.0188; Beryllium—1.03; Cadmium—0.051; Chromium—5.0; Cobalt—0.318; Copper—22.1; m-Cresol—7.06; o-Cresol- 7.06; p-Cresol—0.706; p,p- DDT -0.0103; 1,4- Dioxane—2.39; Endosulfan- 1.55; Endrin—0.02; Ethyl ether- 22.5; Ethylbenzene—3.21; beta BHC- 0.0026; Heptachlor—0.008; Heptachlor epoxide- 0.008; Lead- 2.57; Lindane -0.4; Mercury- 0.0125; methoxychlor- 10; methyl ethyl ketone- 84.7; methyl iso- butyl ketone- 11.3; nickel- 5.74; selenium-0.447; silver-1.71; Thallium- 0.0449; tin-54,300; tol- uene-3.93; Silex-0.188; 2,4,5- trichlorophenoxyacetic acid-1.41; vanadium- 4.88; xylenes (total) -2.90; zinc-77.7. (2) Waste Holding and Handling: (A) Waste classification as non-hazardous can not begin until compliance with the limits set in paragraph (1) for the Landfill Leachate has occurred for four consecutive quarterly sampling events. (B) If constituent levels in any annual sample and retest sample taken by Gulf West exceed any of the delisting levels set in paragraph (1) for the Landfill Leachate, Gulf West must do the fol- lowing: (i) notify EPA in accordance with paragraph (6) and (ii) manage and dispose the Landfill Leachate as hazardous waste generated under Subtitle C of RCRA. (3) Testing Requirements: Upon this exclusion becoming final, Gulf West must perform analytical testing by sampling and analyzing the Landfill Leachate as follows: (A) Initial Verification Testing: (i) Collect four representative composite samples of the Landfill Leachate at quarterly intervals after EPA grants the final exclusion. The first composite sample of each waste stream may be taken at any time after EPA grants the final approval. Sampling must be performed in accord- ance with the sampling plan approved by EPA in support of the exclusion. (ii) Analyze the samples for all constituents listed in paragraph (1). Any composite sample taken that exceeds the delisting levels listed in paragraph (1) indicates that the Landfill Leachate must continue to be disposed as hazardous waste in accordance with the applicable hazardous waste requirements until such time that four consecutive quarterly samples indicate compliance with delisting levels listed in paragraph (1). (iii) Within sixty (60) days after taking its last quarterly sample, Gulf West will report its analytical test data to EPA. If levels of constituents measured in the samples of the Landfill Leachate do not exceed the levels set forth in paragraph (1) of this exclusion for four consecutive quarters, Gulf West can manage and dispose the non-hazardous Landfill Leachate according to all appli- cable solid waste regulations. (B) Annual Testing: (i) If Gulf West completes the quarterly testing specified in paragraph (3) above and no sample contains a constituent at a level which exceeds the limits set forth in paragraph (1), Gulf West must begin annual testing as follows: Gulf West must test a representative composite sample of the Landfill Leachate for all constituents listed in paragraph (1) at least once per calendar year. If any measured constituent concentration exceeds the delisting levels set forth in paragraph (1), Gulf West must collect an additional representative composite sample within 10 days of being made aware of the exceedence and test it expeditiously for the constituent(s) which ex- ceeded delisting levels in the original annual sample. (ii) The samples for the annual testing shall be a representative composite sample according to appropriate methods. As applicable to the method-defined parameters of concern, analyses re- quiring the use of SW–846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW–846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B,1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that samples of the Gulf West Landfill Leachate are representative for all constituents listed in paragraph (1). (iii) The samples for the annual testing taken for the second and subsequent annual testing events shall be taken within the same calendar month as the first annual sample taken. (iv) The annual testing report should include the total amount of delisted waste in cubic yards dis- posed during the calendar year.

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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste description

(4) Changes in Operating Conditions: If Gulf West significantly changes the process described in its petition or starts any processes that generate(s) the waste that may or could affect the com- position or type of waste generated (by illustration, but not limitation, changes in equipment or operating conditions of the treatment process), it must notify EPA in writing and it may no longer handle the waste generated from the new process as non-hazardous until the waste meet the delisting levels set in paragraph (1) and it has received written approval to do so from EPA. Gulf West must submit a modification to the petition complete with full sampling and anal- ysis for circumstances where the waste volume changes and/or additional waste codes are added to the waste stream. (5) Data Submittals: Gulf West must submit the information described below. If Gulf West fails to submit the required data within the specified time or maintain the required records on-site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclu- sion as described in paragraph(6). Gulf West must: (A) Submit the data obtained through paragraph 3 to the Chief, Corrective Action and Waste Mini- mization Section, Multimedia Planning and Permitting Division, U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, Texas 75202, within the time specified. All sup- porting data can be submitted on CD–ROM or comparable electronic media. (B) Compile records of analytical data from paragraph (3), summarized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when either EPA or the State of Texas requests them for in- spection. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: ‘‘Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. If any of this information is de- termined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon convey- ance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company’s RCRA and CERCLA obligations premised upon the company’s reliance on the void exclusion.’’ (6) Reopener (A) If, anytime after disposal of the delisted waste Gulf West possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or ground water monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Division Director in granting the petition, then the facility must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (B) If either the annual testing (and retest, if applicable) of the waste does not meet the delisting requirements in paragraph 1, Gulf West must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (C) If Gulf West fails to submit the information described in paragraphs (5),(6)(A) or (6)(B) or if any other information is received from any source, the Division Director will make a preliminary determination as to whether the reported information requires EPA action to protect human health and/or the environment. Further action may include suspending, or revoking the exclu- sion, or other appropriate response necessary to protect human health and the environment. (D) If the Division Director determines that the reported information requires action by EPA, the Division Director will notify the facility in writing of the actions the Division Director believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present in- formation as to why the proposed EPA action is not necessary. The facility shall have 10 days from receipt of the Division Director’s notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no in- formation is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Division Director will issue a final written determination de- scribing EPA actions that are necessary to protect human health and/or the environment. Any required action described in the Division Director’s determination shall become effective imme- diately, unless the Division Director provides otherwise. (7) Notification Requirements: Gulf West must do the following before transporting the delisted waste. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any state Regulatory Agency to which or through which it will transport the delisted waste described above for disposal, 60 days before begin- ning such activities. (B) For onsite disposal a notice should be submitted to the State to notify the State that disposal of the delisted materials have begun.

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TABLE 1—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste description

(C) Update one-time written notification, if it ships the delisted waste into a different disposal facil- ity. (D) Failure to provide this notification will result in a violation of the delisting variance and a pos- sible revocation of the decision.

*******

* * * * *

TABLE 2—WASTE EXCLUDED FROM SPECIFIC SOURCES

Facility Address Waste description

******* Gulf West Landfill ..... Anahuac, TX ...... Landfill Leachate (EPA Hazardous Waste Numbers F019, F039, K017, K019, K020.) generated at a maximum rate of 1,300,000 gallons (6,436 cubic yards) per calendar year after [insert publi- cation date of the final rule].

*******

* * * * * Proposed Rule Making, MB Docket No. of Proposed Rule Making is issued until [FR Doc. 2011–1794 Filed 1–27–11; 8:45 am] 11–8, adopted January 13, 2011, and the matter is no longer subject to BILLING CODE 6560–50–P released January 20, 2011. The full text Commission consideration or court of this document is available for public review, all ex parte contacts (other than inspection and copying during normal ex parte presentations exempt under 47 FEDERAL COMMUNICATIONS business hours in the FCC’s Reference CFR 1.1204(a)) are prohibited in COMMISSION Information Center at Portals II, CY– Commission proceedings, such as this A257, 445 12th Street, SW., one, which involve channel allotments. 47 CFR Part 73 Washington, DC 20554. This document See 47 CFR 1.1208 for rules governing will also be available via ECFS (http:// [DA 11–96; MB Docket No. 11–8; RM–11618] restricted proceedings. www.fcc.gov/cgb/ecfs/). (Documents For information regarding proper Television Broadcasting Services; will be available electronically in ASCII, filing procedures for comments, see 47 Jackson, MS Word 97, and/or Adobe Acrobat.) This document may be purchased from the CFR 1.415 and 1.420. AGENCY: Federal Communications Commission’s duplicating contractor, List of Subjects in 47 CFR Part 73 Commission. Best Copy and Printing, Inc., 445 12th ACTION: Proposed rule. Street, SW., Room CY–B402, Television, Television broadcasting. Washington, DC 20554, telephone 1– SUMMARY: The Commission has before it 800–478–3160 or via e-mail http:// For the reasons discussed in the a petition for rulemaking filed by George www.BCPIWEB.com. To request this preamble, the Federal Communications S. Flinn, Jr., the licensee of station document in accessible formats Commission proposes to amend 47 CFR WWJX–DT, channel 51, Jackson, (computer diskettes, large print, audio Part 73 as follows: Mississippi, requesting the substitution recording, and Braille), send an e-mail of channel 23 for channel 51 at Jackson. to [email protected] or call the PART 73—RADIO BROADCAST SERVICES DATES: Comments must be filed on or Commission’s Consumer and Governmental Affairs Bureau at (202) before February 28, 2011, and reply 1. The authority citation for Part 73 comments on or before March 14, 2011. 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain continues to read as follows: ADDRESSES: Federal Communications Commission, Office of the Secretary, proposed information collection Authority: 47 U.S.C. 154, 303, 334, 336. requirements subject to the Paperwork 445 12th Street, SW., Washington, DC Reduction Act of 1995, Public Law 104– § 73.622(i) [Amended] 20554. In addition to filing comments 13. In addition, therefore, it does not with the FCC, interested parties should 2. Section 73.622(i), the Post- contain any proposed information serve counsel for petitioner as follows: Transition Table of DTV Allotments collection burden ‘‘for small business Stephen C. Simpson, Esq., 1250 under Mississippi, is amended by concerns with fewer than 25 Connecticut Avenue, NW., Suite 200, adding channel 23 and removing employees,’’ pursuant to the Small Washington, DC 20036. channel 51 at Jackson. Business Paperwork Relief Act of 2002, FOR FURTHER INFORMATION CONTACT: Public Law 107–198, see 44 U.S.C. Federal Communications Commission. Joyce L. Bernstein, 3506(c)(4). Barbara A. Kreisman, [email protected], Media Bureau, Provisions of the Regulatory Chief, Video Division, Media Bureau. (202) 418–1600. Flexibility Act of 1980 do not apply to [FR Doc. 2011–1933 Filed 1–27–11; 8:45 am] SUPPLEMENTARY INFORMATION: This is a this proceeding. Members of the public synopsis of the Commission’s Notice of should note that from the time a Notice BILLING CODE 6712–01–P

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FEDERAL COMMUNICATIONS requirements subject to the Paperwork DEPARTMENT OF TRANSPORTATION COMMISSION Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not Pipeline and Hazardous Materials 47 CFR Part 73 contain any proposed information Safety Administration [DA 11–74; MB Docket No. 11–4; RM–11616] collection burden ‘‘for small business concerns with fewer than 25 49 CFR Part 177 Television Broadcasting Services; El employees,’’ pursuant to the Small Paso, TX Business Paperwork Relief Act of 2002, Federal Motor Carrier Safety Administration AGENCY: Federal Communications Public Law 107–198, see 44 U.S.C. 3506(c)(4). Commission. 49 CFR Part 392 ACTION: Proposed rule. Provisions of the Regulatory Flexibility Act of 1980 do not apply to [Docket Numbers PHMSA–2010–0319 (HM– 255) & FMCSA–2006–25660] SUMMARY: The Commission has before it this proceeding. Members of the public a petition for rulemaking filed by should note that from the time a Notice RIN 2137–AE69 & 2126–AB04 & Comcorp of El Paso License Corp. the of Proposed Rule Making is issued until licensee of station KTSM–TV, channel the matter is no longer subject to Highway-Rail Grade Crossing; Safe Clearance 9, El Paso, Texas, requesting the Commission consideration or court substitution of channel 16 for channel 9 review, all ex parte contacts (other than AGENCY: Pipeline and Hazardous at El Paso. ex parte presentations exempt under 47 Materials Safety Administration DATES: Comments must be filed on or CFR 1.1204(a)) are prohibited in (PHMSA), and Federal Motor Carrier before February 28, 2011, and reply Commission proceedings, such as this Safety Administration (FMCSA), U.S. comments on or before March 14, 2011. one, which involve channel allotments. Department of Transportation (DOT). ADDRESSES: Federal Communications See 47 CFR 1.1208 for rules governing ACTION: Notice of proposed rulemaking Commission, Office of the Secretary, restricted proceedings. (NPRM); request for comments. 445 12th Street, SW., Washington, DC For information regarding proper 20554. In addition to filing comments SUMMARY: FMCSA and PHMSA propose with the FCC, interested parties should filing procedures for comments, see 47 to amend the Federal Motor Carrier serve counsel for petitioner as follows: CFR 1.415 and 1.420. Safety Regulations (FMCSRs) and Scott S. Patrick, Esq., Dow Lohnes List of Subjects in 47 CFR Part 73 Hazardous Materials Regulations PLLC, 1200 New Hampshire Avenue, (HMRs), respectively, to prohibit a NW., Suite 800, Washington, DC 20036– Television, Television broadcasting. motor vehicle driver from entering onto 6802. For the reasons discussed in the a highway-rail grade crossing unless FOR FURTHER INFORMATION CONTACT: preamble, the Federal Communications there is sufficient space to drive Adrienne Y. Denysyk, Commission proposes to amend 47 CFR completely through the grade crossing [email protected], Media Part 73 as follows: without stopping. This action is in Bureau, (202) 418–1600. response to section 112 of the SUPPLEMENTARY INFORMATION: This is a PART 73—RADIO BROADCAST Hazardous Materials Transportation synopsis of the Commission’s Notice of SERVICES Authorization Act of 1994. The intent of Proposed Rule Making, MB Docket No. this rulemaking is to reduce highway- 11–4, adopted January 11, 2011, and 1. The authority citation for Part 73 rail grade crossing crashes. released January 19, 2011. The full text continues to read as follows: DATES: Send your comments on or before March 29, 2011. of this document is available for public Authority: 47 U.S.C. 154, 303, 334, 336. inspection and copying during normal ADDRESSES: You may submit comments business hours in the FCC’s Reference § 73.622(i) [Amended] identified by Federal Docket Information Center at Portals II, CY– Management System Numbers PHMSA– 2. Section 73.622(i), the Post- A257, 445 12th Street, SW., 2010–0319 (HM–255) and FMCSA– Transition Table of DTV Allotments Washington, DC 20554. This document 2006–25660 by any of the following will also be available via ECFS (http:// under Texas, is amended by adding methods: www.fcc.gov/cgb/ecfs/). (Documents channel 16 and removing channel 9 at • Web Site: http:// will be available electronically in ASCII, El Paso. www.regulations.gov. Follow the Word 97, and/or Adobe Acrobat.) This Federal Communications Commission. instructions for submitting comments document may be purchased from the Barbara A. Kreisman, on the Federal electronic docket site. Commission’s duplicating contractor, • Fax: 1–202–493–2251. Chief, Video Division, Media Bureau. Best Copy and Printing, Inc., 445 12th • Mail: Docket Management Facility, Street, SW., Room CY–B402, [FR Doc. 2011–1935 Filed 1–27–11; 8:45 am] U.S. Department of Transportation, Washington, DC 20554, telephone 1– BILLING CODE 6712–01–P Room W12–140, 1200 New Jersey 800–478–3160 or via e-mail http:// Avenue, SE., Washington, DC 20590– www.BCPIWEB.com. To request this 0001. document in accessible formats • Hand Delivery: Ground Floor, Room (computer diskettes, large print, audio W12–140, 1200 New Jersey Avenue, SE., recording, and Braille), send an e-mail Washington, DC, between 9 a.m. and 5 to [email protected] or call the p.m. e.t., Monday through Friday, Commission’s Consumer and except Federal holidays. Governmental Affairs Bureau at (202) Instructions: All submissions must 418–0530 (voice), (202) 418–0432 include the Agency names and docket (TTY). This document does not contain number or Regulatory Identification proposed information collection Number (RIN) for this rulemaking. For

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detailed instructions on submitting Background HMTAA. The 1935 Act provides that ‘‘ comments and additional information Section 112 of the Hazardous The Secretary of Transportation may on the rulemaking process, see the Materials Transportation Authorization prescribe requirements for Public Participation heading below. Act of 1994 (HMTAA) [Pub. L. 103–311, (1) qualifications and maximum hours Note that all comments received will be title I, 108 Stat. 1673, 1676, August 26, of service of employees of, and safety of posted without change to http:// 1994] requires FMCSA and PHMSA to operation and equipment of, a motor carrier; and, (2) qualifications and www.regulations.gov, including any amend the FMCSRs and the HMRs, maximum hours of service of employees personal information provided. Please respectively, to prohibit drivers of motor of, and standards of equipment of, a see the Privacy Act heading below. vehicles from driving onto a highway- Docket: For access to the docket to motor private carrier, when needed to rail grade crossing unless there is read background documents or promote safety of operation’’ [49 U.S.C. sufficient space to drive completely comments received, go to http:// 31502(b)]. Pursuant to 49 U.S.C. through the grade crossing without www.regulations.gov at any time or to 31501(2), the definitions used in 49 stopping. (Throughout the remainder of the ground floor, room W12–140, 1200 U.S.C. 13102 apply to the 1935 Act. this document, FMCSA and PHMSA use New Jersey Avenue, SE., Washington, ‘‘Motor carrier,’’ therefore, means ‘‘a the term ‘‘grade crossing’’ to refer to DC, between 9 a.m. and 5 p.m. e.t., person providing motor vehicle public, open, at-grade highway-rail Monday through Friday, except Federal transportation for compensation’’ [49 grade crossings, unless otherwise holidays. U.S.C. 13102(14)]; and ‘‘motor private noted.) The report by the Senate Privacy Act: Anyone is able to search carrier’’ means ‘‘a person, other than a Committee on Commerce, Science, and the electronic form of all comments motor carrier, transporting property by Transportation (December 9, 1993) received into any of our dockets by the motor vehicle when—(A) the states that the intent of section 112 was name of the individual submitting the transportation is as provided in section to ‘‘* * * improve safety at highway- comment (or signing the comment, if 13501 of this title [i.e., in interstate railroad crossings in response to submitted on behalf of an association, commerce]; (B) the person is the owner, fatalities that have occurred from business, labor union, etc.). You may lessee, or bailee of the property being accidents involving commercial motor review DOT’s complete Privacy Act transported; and (C) the property is vehicle operators who failed to use Statement in the Federal Register being transported for sale, lease, rent, or proper caution while crossing.’’ The published on January 17, 2008 (65 FR bailment or to further a commercial report also states that ‘‘[t]he Committee 19476) or you may visit http:// enterprise’’ [49 U.S.C. 13102(15)]. believes that imposing a Federal edocket.access.gpo.gov/2008/pdf/E8- The grade crossing regulations set statutory obligation on drivers of all 785.pdf. forth in 49 CFR 392.12 of this NPRM Public participation: The http:// commercial motor vehicles to consider pertain directly to the ‘‘* * * safety of www.regulations.gov Web site is whether they can cross safely and operation’’ of the motor carriers over generally available 24 hours each day, completely * * * will help to reduce which FMCSA has jurisdiction. The 365 days each year. You can get the number of tragedies associated with adoption and enforcement of such rules electronic submission and retrieval help grade crossing accidents’’ (Senate Report was specifically authorized by the MCA. and guidelines under the ‘‘help’’ section No. 103–217, at 11 (1994), reprinted in This proposed rule is based, in part, on of the http://www.regulations.gov Web 1994 U.S.C.C.A.N. 1763, 1773). The that authority. site and also at the DOT’s http:// consequences of a motor vehicle failing Before prescribing any regulations, docketsinfo.dot.gov Web site. If you to clear the tracks at a grade crossing are FMCSA must also consider their ‘‘costs want us to notify you that we received potentially serious, particularly if a and benefits’’ [49 U.S.C. 31136(c)(2)(A) your comments, please include a self- vehicle or train is transporting and 31502(d)]. Those factors are also addressed, stamped envelope or hazardous materials or passengers. Over discussed in this proposed rule. postcard or print the acknowledgement time, increased motor vehicle traffic and This NPRM is also based on the page that appears after submitting congestion at some grade crossings, as authority of the Federal hazardous comments online. well as increased train movements, may materials transportation law (Federal Comments received after the comment amplify this risk. hazmat law; 49 U.S.C. 5101 et seq.), closing date will be included in the The Manual on Uniform Traffic under which, the Secretary of docket, and we will consider late Control Devices (MUTCD 2009 edition), Transportation is charged with comments to the extent practicable. published by the Federal Highway protecting the nation against the risks to FMCSA and PHMSA, however, may Administration (FHWA) and life, property, and the environment that issue a final rule at any time after the incorporated by reference in 23 CFR are inherent in the commercial close of the comment period. part 655, subpart F, describes in chapter transportation of hazardous materials. 8A the length of roadway necessary for Section 5103(b)(1)(B) provides that FOR FURTHER INFORMATION CONTACT: At a particular vehicle to clear the tracks PHMSA’s Hazardous Materials FMCSA: Mr. Thomas Yager, Driver and safely as the ‘‘clear storage distance.’’ 1 Regulations (HMR; 49 CFR Parts 171 Carrier Operations; or [email protected]. Chapter 8 guidance material also refers through 180) ‘‘shall govern safety Telephone (202) 366–4325. Office hours to ‘‘storage space.’’ ‘‘Storage space’’ aspects, including security, of the are from 7:45 a.m. to 4:15 p.m., e.t., means the space available for stationary transportation of hazardous material the Monday through Friday, except Federal vehicles between a traffic control device Secretary considers appropriate.’’ As holidays. At PHMSA: Mr. Ben Supko, (traffic signal, stop sign, or yield sign) such, PHMSA has the authority to adopt Office of Hazardous Materials and the railroad crossing behind them. requirements pertaining to hazardous Standards, (202) 366–8553, Pipeline and materials transportation that are Hazardous Materials Safety I. Legal Basis for the Rulemaking applicable to both intrastate and Administration, U.S. Department of This rulemaking is based on the interstate commerce. The amendments Transportation, 1200 New Jersey authority of the Motor Carrier Act of to 49 CFR 177.804 proposed here are Avenue, SE., Washington, DC 20590 1935 (MCA or 1935 Act) and the based directly on PHMSA’s authority. 0001. The primary impetus for this SUPPLEMENTARY INFORMATION: 1 See http://mutcd.fhwa.dot.gov. rulemaking is section 112 of the

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HMTAA, which directed the Secretary Although section 112(2) refers to the Withdrawal of 1998 NPRM of Transportation to adopt a rule to driver of a ‘‘commercial motor vehicle’’ On April 28, 2006, FMCSA withdrew prohibit the driver of a commercial under chapter 315 of title 49, the the 1998 NPRM [71 FR 25128]. FMCSA motor vehicle (CMV) from driving onto relevant portion of that chapter—49 stated: a grade crossing ‘‘without having U.S.C. 31502(a)–(b)—does not use the sufficient space to drive completely term ‘‘commercial motor vehicle,’’ After reviewing the comments to the through the crossing without stopping.’’ referring instead to ‘‘motor carriers’’ and NPRM and the transcript of the [November 9, 1999] public meeting, FMCSA has concluded Section 112 reads as follows: ‘‘motor private carriers’’ as defined in 49 that this rulemaking has created a great deal Sec. 112 Grade Crossing Safety. U.S.C. 13102 (the definitions of ‘‘motor of misunderstanding and should be The Secretary of Transportation shall, carrier’’ and ‘‘motor private carrier’’ are terminated. within 6 months after the date of enactment discussed above). A ‘‘motor vehicle’’ is FHWA asked the States for information on of this Act, amend regulations— defined in section 13102(16) as ‘‘a the number and location of highway-railroad (1) under chapter 51 of title 49, United vehicle, machine, tractor, trailer, or grade crossings with inadequate storage—and States Code (relating to transportation of semitrailer propelled or drawn by on alternative crossings—as the first step in hazardous materials), to prohibit the driver of mechanical power and used on a estimating the costs and benefits of the rule a motor vehicle transporting hazardous highway in transportation, or a required by Section 112. In view of the materials in commerce, and expected complexity of that analysis, the (2) under chapter 315 of such title (relating combination determined by the Agency needed as much information as to motor carrier safety) to prohibit the driver Secretary, but does not include a possible. Many State agencies, however, of any commercial motor vehicle, from vehicle, locomotive, or car operated seem to have assumed that they were driving the motor vehicle onto a highway-rail only on a rail, or a trolley bus operated required to provide the information; that the grade crossing without having sufficient by electric power from a fixed overhead final rule would then require them to space to drive completely through the wire, and providing local passenger reconstruct, rewire, reroute or otherwise crossing without stopping. [108 Stat. 1676] transportation similar to street-railway correct every inadequate crossing; and that Section 112(1), of HMTAA mandates service.’’ These are the definitions that the Agency was indifferent to the costs of a change to prohibit the driver of a such an undertaking. In fact, the time, determine the scope of 49 CFR 392.12, difficulty and cost involved in collecting commercial motor vehicle that is the FMCSA portion of this NPRM. reliable data on highway-railroad grade transporting hazardous materials from It should be noted that, unlike ‘‘CMV,’’ crossings became a primary focus of the driving the motor vehicle onto a the defined term that describes the comments. highway-rail grade crossing without motor vehicles over which FMCSA has Section 112 requires a rule applicable to having sufficient space to drive jurisdiction in many other provisions of drivers, not to States. If the regulatory completely through the crossing without the FMCSRs, a ‘‘motor vehicle,’’ as requirement prevented some motor carriers stopping. Because the safety benefits defined in section 13102(16), does not from using a particular crossing because the associated with this section are equally have a minimum weight threshold. This storage distance is too short for their normal applicable to drivers operating in proposed rule, therefore, applies to the vehicles, several options are available (such as switching to shorter trucks or using intrastate commerce as they are to operation in interstate commerce of any alternate crossings) before any reconstruction interstate commerce, this Section falls motor vehicle used by a for-hire ‘‘motor efforts suggested by the State commenters under chapter 51 of title 49 U.S.C. and carrier’’ or a ‘‘motor private carrier’’ in need to be considered. And even then, corresponding changes would be furtherance of a commercial enterprise, significant civil engineering projects are incorporated into § 177.804 of the HMR. even if its gross vehicle weight (GVW) likely to have a low priority. Consultations However, to promote consistency or gross vehicle weight rating (GVWR) is among government entities, truckers, and the between PHMSA and FMCSA, the less than the 10,001-pound threshold for shippers they serve might produce quick and definition of ‘‘hazardous materials,’’ a CMV. In addition, § 392.12 would not simple solutions. provided by the Federal Motor Carrier apply to a private carrier of passengers Therefore, FMCSA terminates this rulemaking and will open a new one less Safety Regulations (FMCSRs; 49 CFR because the definition of a ‘‘motor burdened by previous misunderstandings. Parts 350–399), is used to define the private carrier’’ in section 13102(15) An NPRM to address the requirements of scope of this Section. covers only the transportation of Section 112 will be published when FMCSA defines ‘‘hazardous materials’’ ‘‘property,’’ not passengers. additional analysis of grade crossing in § 383.5 of the 49 CFR as follows: problems, which is now under way, has been Hazardous materials means any II. History completed. material that has been designated as On July 30, 1998, FHWA published an hazardous under 49 U.S.C. 5103 and is NPRM to implement section 112(2) (63 Survey of State Models required to be placarded under subpart FR 40691). The NPRM proposed to FMCSA reviewed State statutes on F of 49 CFR part 172 or any quantity of amend the FMCSRs by adding a new grade crossings. As expected, all States a material listed as a select agent or section, 49 CFR 392.12, to read as have laws regarding operation of toxin in 42 CFR part 73. follows: ‘‘A driver of a commercial vehicles near or over grade crossings. Based on this definition and motor vehicle shall not drive onto a Most of these provisions are variations PHMSA’s authority, the scope of the highway-rail grade crossing without on the requirements in 49 CFR 392.10 proposed changes to 49 CFR 177.804 having sufficient space to drive and 392.11 (e.g., stopping between 15 encompass all drivers who transport a completely through the crossing without and 50 feet from the tracks, looking and quantity of hazardous materials stopping.’’ listening for a train, crossing without requiring placarding under Part 172 of The Motor Carrier Safety shifting gears, etc.). On the other hand, the 49 CFR or any quantity of a material Improvement Act of 1999 (Pub. L. 106– only 24 States have storage-space laws listed as a select agent or toxin in 42 159, 113 Stat. 1748, December 9, 1999) similar or identical to the requirements CFR Part 73. This includes drivers of created FMCSA as a new operating of section 112 of the HMTAA. The motor vehicles of any size that are used administration of DOT, effective January recently enacted provisions usually to transport the materials covered by the 1, 2000. FMCSA assumed the motor match section 112 very closely. The FMCSA definition. Additionally, it carrier safety functions previously older laws, adopted in the 1970s and includes drivers engaged in intrastate or exercised by FHWA’s Office of Motor 1980s, prohibit entering an intersection interstate commerce. Carriers. or grade crossing—even on a green

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light—unless traffic conditions permit Washington, DC, to provide all expense, as OOIDA says; but this is a the vehicle to drive all the way through interested parties an opportunity to statutory mandate. without blocking traffic on the cross express their views on this rulemaking. Finally, OOIDA suggested FMCSA street or rail line. Although it is not Only two members of the public and PHMSA consider educational clear how the States interpret such attended, including a representative outreach through State driver licensing provisions, the reference to blocking from the Association of American agencies to inform automobile drivers of traffic on the cross street or rail line Railroads (AAR). There was a detailed the risks of passing CMVs to occupy might mean that—unlike section 112— discussion of the subject matter with space left at the head of the queue by these laws would not prohibit a driver that representative. A copy of the prudent truck drivers at grade crossings. from starting across an empty grade transcript from that meeting is available OOIDA reported that its members crossing with no train in sight if a brief in docket FMCSA–2006–25660. increasingly witness this practice, stop at a traffic sign or signal on the The Owner Operator Independent which forces CMV drivers to wait other side would leave the rear of the Drivers Association, Inc. (OOIDA) through several cycles of the traffic vehicle on the tracks. submitted the only comments during signals before being able to cross. the public comment period for the According to OOIDA members, some Grade Crossing Safety Outreach meeting. OOIDA recommended three Activities States and localities have programmed things. First, OOIDA suggested that traffic lights with cycles so short that Since publication of the 1998 NPRM, FMCSA should provide pavement CMVs are often prevented from various regulatory actions, outreach markings and signage at or near grade crossing, especially when impatient initiatives, and research activities have crossings to indicate the storage space automobile drivers rush to occupy any helped to improve grade crossing safety. available to CMV drivers. FMCSA and open space ahead of a CMV. This FMCSA, the Federal Railroad PHMSA do not have the statutory sometimes results in automobile drivers Administration (FRA), and the Federal authority to mark, sign, or require others becoming trapped on the tracks when Transit Administration (FTA) to mark roads and provide signs at or the crossing alarm sounds. OOIDA intensified their outreach and near grade crossings. FHWA, however, suggests creating informational signage educational activities to prevent grade has funding available annually under 23 to inform automobile drivers of the risks 2 crossing crashes. In 1999, DOT U.S.C. 104(b)(5) (‘‘highway safety involved in such me-first tactics. convened a public meeting to promote improvement program’’) as a set aside FMCSA will encourage Motor Carrier information sharing on grade crossing under 23 U.S.C. 148(a)(3) (‘‘highway Safety Assistance Program lead agencies crashes involving CMVs. In addition, safety improvement project’’) and 23 to distribute grade crossing safety FMCSA worked with FRA, FTA, and CFR part 924, Highway Safety materials to their driver licensing FHWA to update the Department’s Improvement Program, for a variety of colleagues in State government and to ‘‘1994 Grade Crossing Action Plan.’’ In highway safety improvement projects suggest the addition of such material to June 2004, the Secretary issued the (HSIPs). Eligible HSIPs include: (1) State driver training manuals that do not ‘‘Action Plan for Highway-Rail Grade Construction of projects for the already cover the subject. Crossing Safety and Trespass elimination of hazards at a public Prevention,’’ which focused railroad crossing that is eligible for III. The Proposed Rule Departmental and private sector funding under 23 U.S.C. 130; (2) Section 392.12 resources to enhance grade crossing improvement of highway signage and safety by distributing educational pavement markings; and (3) installation Today’s NPRM would adopt the literature to heighten awareness about of a traffic control or other warning statutory language of section 112 as 49 grade crossings and the ‘‘hump’’ (or device at a location with high crash CFR 392.12. While the proposed vertical alignment profile) challenges potential. FMCSA and PHMSA will regulatory text is essentially the same as they present, particularly to vehicles bring OOIDA’s suggestion to the that published in the 1998 NPRM, with long wheelbases or low-hanging attention of FHWA. We note that FMCSA believes the context in which equipment. This educational focus also competition for limited HSIP resources the proposal is presented will make the extended to the development of means that States and other public potential impact of the rulemaking improved highway route guidance to authorities must decide whether and clearer. identify and help drivers avoid when particular grade crossings might Though the proposed rule would not problematic grade crossings. In 2006, get pavement markings and signage and explicitly prohibit motor vehicles from FMCSA, in collaboration with FRA, that not all grade-crossing using certain grade crossings, it might issued laminated visor cards for drivers, improvements are likely to be funded. have that effect where the clear storage outlining safety tips for crossing railroad Second, OOIDA suggested that distance between the train tracks and tracks. DOT and its agencies will FMCSA undertake additional the next traffic control device is less continue to develop further outreach comparative analyses to determine the than the length of the vehicle. To and education efforts. number of grade crossings with proceed through such a grade crossing, inadequate storage space in industrial a motor vehicle driver would either 2006 Public Meeting and Comments areas. OOIDA suggested that some such have to ignore the traffic control device On September 20, 2006, following grade crossings are rarely used by trains or comply with the traffic control device notice in the Federal Register, FMCSA, and that regulatory prohibitions in these but violate the proposed rule by driving in conjunction with FHWA, FRA, and cases may be far more expensive than onto the grade crossing without having PHMSA, held a public meeting in any possible benefits. Defining an sufficient space to drive completely ‘‘industrial area’’ has proven to be through the crossing without stopping. 2 difficult and somewhat subjective. The FRA uses the terms ‘‘accident’’ and Section 177.804 ‘‘incident’’ in its definitions and databases used to FMCSA and PHMSA do not agree that collect data on grade crossings. The variations do such comparative analyses are To ensure that the statutory language not rise to a level of significance; however, FMCSA uses the term ‘‘crash’’ in its publications, except necessary. The regulation proposed of section 112 applies to both interstate when the terms ‘‘accident’’ or ‘‘incident’’ appear in today may occasionally—though not and intrastate motor carriers, PHMSA names or quotes. frequently—cause disproportionate would revise 49 CFR 177.804. PHMSA

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proposes to add a new paragraph (b) to regulatory guidance in response to space is limited. FMCSA and PHMSA require drivers of commercial motor inquiries to provide additional estimate that the total number of public, vehicles transporting a quantity of assistance to the motor carrier industry at-grade, open highway-rail grade hazardous materials requiring and State enforcement personnel in crossings of all types is 145,702. Of placarding under Part 172 of the 49 CFR implementing the rule. these, 84,835 grade crossings have an or any quantity of a material listed as a estimated available clear storage IV. Scope of the Safety Problem select agent or toxin in 42 CFR Part 73 distance of more than 1,500 feet. to comply with the FMCSA safe Generally, the grade crossings where There are about 60,867 grade clearance requirements for highway-rail the physical storage distance is less than crossings where the estimated available crossings. As such, motor carriers and 100 feet would present the greatest clear storage distance is 1,500 feet or drivers who engage in the transportation challenge to motor vehicle drivers. A less. FMCSA and PHMSA estimate that of covered materials must comply with typical 3-axle ‘‘day cab’’ (a tractor approximately 19,824 of these grade the safe clearance requirements in without a sleeper berth) with a 2-axle, crossings have a clear storage distance § 392.12 of the FMCSRs. 53-foot semitrailer is 65 feet long. A of less than 100 feet. FMCSA and typical 3-axle truck tractor (with a PHMSA estimate there are 41,043 grade Additional Assistance sleeper berth) pulling a 2-axle, 53-foot crossings (60,867 minus 19,824 equals FMCSA and PHMSA acknowledge semitrailer would be about 65 to 72 feet 41,043) where the estimated available OOIDA’s concerns that this rulemaking long. Typical cars on American storage distance is greater than 100 feet could result in CMV drivers highways range from 13 to 18 feet 3 in but 1,500 feet or less. In addition, there encountering situations in which length. With one short car and one long are 1,384 other grade crossings compliance with the proposed rule car ahead of it in a queue at a grade estimated to have a relatively higher risk might be difficult to achieve. Therefore, crossing with 100 feet of storage space, of storage-distance issues due to a the two Agencies will work with State a 65-foot truck might find it impossible combination of factors such as the enforcement agencies, the motor carrier to clear the railroad track. volume of motor vehicle and CMV and railroad industries, and safety traffic, the number of train movements, Number of Grade Crossings advocacy groups to provide information and the number of lanes of roadway. to assist carriers in identifying options The number of such grade crossings Therefore, the total number of grade for traveling safely through problematic was determined by analyzing several crossings of primary interest for this grade crossings, including developing FRA and geographic mapping databases. proposed rule is 21,208 (19,824 plus educational and technical assistance Table I summarizes the findings on 1,384 equals 21,208), representing and frequently asked questions. FMCSA grade crossings in the continental approximately 14.5 percent of grade and PHMSA will also consider issuing United States where the clear storage crossings in the United States.

TABLE I—GRADE CROSSINGS IN THE CONTINENTAL U.S.

Number of grade Distance to nearest intersection crossings

All Grade Crossings ...... 145,702 Greater Than 1,500 feet ...... 84,835 Less Than or Equal To 1,500 feet ...... 60,867 Less Than 100 feet ...... 19,824 100–500 feet ...... 26,959 501–1,000 feet ...... 8,843 1,001–1,500 feet ...... 5,241

Number of Grade Crossing Crashes Accident/Incident File to analyze the PHMSA analyzed crashes involving FMCSA and PHMSA used FRA’s extent to which storage distance has CMVs during the period 1998 through Railroad Accident/Incident Reporting historically been recorded as a factor in 2005. Table II summarizes the estimated System, Highway-Rail Grade Crossing grade crossing crashes. FMCSA and number of grade crossing crashes.

TABLE II—CRASHES AT GRADE CROSSINGS WITH LIMITED STORAGE SPACE 1998 TO 2005

Number of crashes Definition (1998 to 2005)

All Crashes at All Highway-Rail Grade Crossings Involving All Types of Vehicles ...... 26,027 All Crashes at Any One of the 21,208 FMCSA–Identified Grade Crossings of Interest to the Proposal’s Regulatory Im- pact Assessment— ...... 4,168 —With a Train Striking a Truck or Bus— ...... 890 —Stopped or Trapped on the Crossing— ...... 289 —Definitely or Probably Storage Related ...... 32

3 FMCSA and PHMSA reviewed various auto measurements for small sports cars and large luxury manufacturers’ Web sites for the specific length executive sedans to arrive at the 13 to 18 feet range.

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TABLE II—CRASHES AT GRADE CROSSINGS WITH LIMITED STORAGE SPACE 1998 TO 2005—Continued

Number of crashes Definition (1998 to 2005)

—Possibly Storage Related * ...... 122 * In order to ensure adequate consideration of the potential that the crash was storage related, this number was developed using the same proportion as those with sufficient narrative information, i.e., assuming 42.1 percent of crashes with indeterminate narratives are classified as storage-distance related. (See Regulatory Impact Assessment in dockets PHMSA–2010–0319 (HM–255) or FMCSA–2006–25660 for further information.)

V. Costs and Benefits of Rule way. Because FMCSA has concluded intrastate and interstate carriers affected Implementation that the proposed rule would impose no by this proposed rule. The Agencies Data are not available to estimate with costs on vehicles too small to qualify as consider that, because the proposed rule any degree of certainty the costs and CMVs, they are ignored in the following does not mandate specific changes in benefits of implementing this rule. analysis of costs and benefits. carrier operations, driver training, or However, the Agencies are required by Also mentioned in the Legal Basis grade crossing infrastructure statute to implement a rule prohibiting section of this NPRM is that PHMSA’s enhancements, its cost impacts should drivers from going across grade authority includes intrastate carriers. not be significant. Because a substantial crossings unless there is sufficient space PHMSA estimated the number of number of States already have in place to clear the crossings completely carriers that may be affected by storage-space rules, motor vehicle without stopping. States with existing assessing hazmat registration data from drivers operating in or through those statutes or regulations similar to the the 2010–2011 registration year. The States should have the experience and proposed Federal rule have somewhat data is collected on DOT form F 5800.2 knowledge needed to ensure lower crash rates at grade crossings in accordance with § 107.608(a) of the compliance. FMCSA and PHMSA do identified as having significant risk of 49 CFR. Generally, the registration not believe the rule is so complex that storage-related issues. While factors requirements apply to any person who it would require special training of other than the States’ storage-space rules offers for transportation or transports a drivers operating in the other States. may be responsible for some of the quantity of hazardous materials The Agencies request public comment differences in crash rates, the Agencies requiring placarding under Part 172 of on this issue. believe the differential is large enough the 49 CFR. Additional data collected For motor vehicles, the storage- to suggest that such rules have safety on form F 5800.2 verify that the person distance related annual crash rate per benefits. The States’ voluntary adoption is indeed a carrier, the mode of 1,000 grade crossings is 0.72.4 FMCSA of storage-space rules also suggests that transportation used, and the US DOT and PHMSA found that the difference in the costs of implementing the Number. Based on PHMSA’s analysis of this rate between States that have laws/ requirements have not proven to be an form F 5800.2—18,841 persons have regulations similar to the proposed issue with the States or with the motor registered as motor carriers of hazardous Federal rule and those that do not is carrier industry. Based on the safety materials. Of those 18,841 persons 0.285 crashes per 1,000 grade crossings impacts seen in the States that have 17,599 included a US DOT Number. per year. Thus, FMCSA and PHMSA adopted requirements similar to those Therefore, based on PHMSA’s would expect 2.62 fewer crashes per considered in this rulemaking, FMCSA registration data, the difference between year, if all States adopted the proposed and PHMSA believe the rule would persons registered as motor carriers and Federal rule,5 and 0.2 fewer train provide a cost-beneficial enhancement persons that have obtained a US DOT derailments.6 to safety. Number is 1,242 (18,841 ¥ 17,599 = The total annual savings from crashes As mentioned above in the Legal 1,242). PHMSA considers these persons avoided (in 2009 dollars) is estimated to Basis section of the preamble, CMVs to be intrastate motor carriers. PHMSA be approximately $975,000. This have a minimum weight threshold of compared these numbers with the consists of $381,000 in reduced 10,001 pounds. However, the ‘‘motor FMCSA Motor Carrier Management fatalities, $159,000 in reduced injuries, vehicles’’ to which the proposed rule Information System (MCMIS). Based on $1,600 in reduced hazardous material would apply have no such threshold; MCMIS data, PHMSA verified that the spills, $31,000 in reduced highway any motor vehicle, no matter how small, 1,242 carriers identified through property damage, and $402,000 in used by a ‘‘motor carrier’’ or ‘‘motor registration data have not been issued a reduced costs for train derailments. private carrier’’ in interstate commerce US DOT Number by FMCSA. Total implementation costs per year are in furtherance of a commercial To ensure that all intrastate carriers estimated to be $279,000. Thus, the enterprise would be subject to the are identified, PHMSA multiplied the expected annual savings from proposed rule. Yet these lighter number of intrastate carriers identified implementation of this proposed rule vehicles—mainly pickup trucks and through registration data by a 20% would be about $696,000. work vans—are unlikely to be affected underreporting factor. As a result, the Table III displays the 10-year average by this proposal because virtually every total population of intrastate carriers annual and discounted net costs and grade crossing has enough storage space affected by this rulemaking is 1,490 × to accommodate one of them; and they intrastate motor carriers (1,242 1.20 = 4 122 crashes/8 years/21,208 grade crossings with are simply too short and maneuverable 1,490). For the purposes of this NPRM limited storage space × 1,000 = 0.72. to be trapped on grade crossings with the cost and benefit impact is applied to 5 0.000285 fewer incidents per grade crossing × storage space for several vehicles. Even each intrastate and interstate motor 9,204 storage space impacted grade crossings in if traffic suddenly bunched up, leaving carrier equally. In the cost and benefit states without a similar rule equals 2.62 fewer crashes per year. discussions that follow the Agencies one of these vehicles stopped on the 6 14 derailments/122 grade crossing incidents × tracks, it could drive onto the shoulder consider the costs and benefits 2.62 incidents prevented equals 0.2 fewer train or otherwise maneuver out of harm’s applicable to the total population of derailments.

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benefits of the statute that we are implementing in this proposal.

TABLE III—TOTAL ESTIMATED 10-YEAR COSTS AND BENEFITS FOR IMPLEMENTING THE STATUTE MANDATING THE PROPOSED GRADE CROSSING STORAGE-SPACE RULE [In thousands, 2009 dollars]

10-Year 10-Year Annual impact 10-Year total (Discounted at 3 (Discounted at 7 percent)* percent)*

Benefits ...... $975.0 $9,750 $8,566 $6,352 Costs ** ...... $381.0 $3,810 $2,172 $1,818 Net Benefits ...... $696.0 $6,960 $5,419 $4,535 * Present values of 10-year costs are discounted at 3 percent and 7 percent as specified in OMB Circular A–4, Regulatory Analysis, Sep- tember 2003. Note that the first year costs and benefits are not discounted. ** Excludes any potential costs from rerouting due to uncertainty of costs. See Sensitivity Analysis section below.

Sensitivity Analysis that a distance of approximately 100 feet volume of all motor vehicles passing 8 It is important to note that the could be problematical ), there would through the grade crossing and the proposed rule could increase vehicle be additional costs to motor vehicle percent of vehicle traffic through the miles traveled (VMT) due to re-routing. operators and the public due to the crossing estimated to consist of ‘‘trucks’’ Because of major data limitations, rerouting required. These route changes were obtained from the FRA’s Grade FMCSA and PHMSA performed a would likely result in additional VMT, Crossing Inventory System (GCIS). The sensitivity analysis to explore this with consequent increases in operating AADT figure for all vehicle types was possibility but are unable to identify costs and adverse safety impacts. transformed into an annual average The sensitivity analysis for this what that increase—if any—would be. equivalent figure and multiplied by the proposed rule first determined an The Congressionally mandated rule GCIS ‘‘percent trucks’’ data field to estimated range of extra VMT that might would be cost beneficial if the produce an estimate of the total number result if all large motor vehicles were re- additional VMT does not exceed 0.63 of all CMV movements (of all types of routed away from all grade crossings percent of the maximum possible CMVs) through each grade crossing with insufficient storage space. This increase calculated in the sensitivity during the course of 1 year. Because assumes that the drivers and companies analysis.7 The Agencies request only a portion of these truck movements never change their behavior and always comments from motor carriers on the involve tractor-trailer combinations of go to the grade crossing before re- extent to which this rulemaking would sufficient length, nationwide VMT routing, for all trips taken along that cause them to reroute their motor distribution data by vehicle size and route. FMCSA and PHMSA classify this vehicles. type was used to refine the estimate outcome as the high-end limit of VMT This proposed storage-distance rule (derived both from the 2002 Vehicle increases. The actual number of re- 9 will discourage drivers of motor Inventory and Use Survey (VIUS), and routed trips would be only a small 10 vehicles, particularly tractor-trailer the 2005 Highway Statistics ). fraction of the possible number because combinations, from using grade The estimated total number of all companies and drivers learn from their crossings at which the storage distance truck movements at each grade crossing mistakes and avoid re-routing. The low- is less than the overall length of the is calculated from the total vehicle end limit on VMT increases would vehicle. FMCSA and PHMSA believe AADT data and the GCIS ‘‘percent truck’’ occur if only minimal routing changes most drivers will make similar trips figure. This figure is then reduced are made. FMCSA and PHMSA also dozens or hundreds of times a year and further by 17 percent, to reflect the provide an estimate that is intermediate experience the need to re-route only the reduction in the relative share (from between these two extremes. As first time. This assumes that the drivers VIUS and the 2005 Highway Statistics) indicated above, the proposed rule and companies learn from their of combination vehicles on non-access- would be cost beneficial if additional mistakes and avoid re-routing. Driver controlled roadways (where grade VMT does not exceed 0.63 percent. and dispatcher awareness training and crossings would be found). The second step in the sensitivity The additional miles that each motor improved in-cab geographic information analysis is to calculate the additional system displays may allow companies vehicle might actually travel is likely to costs resulting from each of the vary widely at each grade crossing of and motor vehicle drivers to plan routes proposed cases. These include increases more efficiently before or shortly after interest based on local conditions and in large truck operating costs, and the specific origin and destination of leaving the point of origin, enabling societal costs associated with crashes them to avoid problem grade crossings each trip. An estimate of potential that could be expected to occur as average additional miles traveled per entirely, instead of re-routing mileage increases. appreciably at the last minute. motor vehicle was developed for each Based on the current analysis, there grade crossing based on individual If significant numbers of companies or are an estimated 19,824 grade crossings drivers do not plan their trips inspection of approximately 10 in the U.S. where the physical storage randomly selected grade crossings each efficiently, and drivers unexpectedly distance is estimated to be less than 100 encounter grade crossings with storage feet. For each of these grade crossings, distances of less than their overall 9 U.S. Department of Commerce, Economics and the average annual daily traffic (AADT) Statistics Administration, ‘‘2002 Economic Census: lengths (FMCSA and PHMSA assumed Vehicle Inventory and Use Survey,’’ December 2004. 8 This distance is larger than most motor coach 10 U.S. Department of Transportation, Federal 7 $696,000 in annual savings ÷ 110,000,000 for and tractor-trailer lengths, but less than that of some Highway Administration, Office of Highway Policy maximum additional VMT equals 0.63 percent. multiple-trailer and over-dimensional vehicles. Information, ‘‘Highway Statistics,’’ 2005.

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in urban, suburban, and rural areas currently have storage-space laws The costs of these additional miles throughout the U.S. The actual miles similar or identical to the requirements traveled by large trucks include added traveled estimates for the 10 grade of this NPRM. The Agencies only motor carrier operating costs (driver crossings in each type of area were then include grade crossings where storage salary, fuel, depreciation, etc.), and averaged and applied to all grade distance is estimated to be 100 feet or safety-related costs associated with crossings (classifying their locations as less since, for purposes of re-routing, increased risks of crashes. Estimates of rural, suburban, or urban) based on an these are the only crossings a driver the per-mile operating costs for large analysis using geographic information could easily identify. There are 8,749 trucks were derived from a September systems (GIS) software. An estimate of such grade crossings in these 27 2004 study of motor carrier industry the extra VMT that might be generated jurisdictions. financial and operating performance by each motor vehicle trying to avoid profiles.12 The average total operating suspect grade crossings was determined The final estimate of the number of cost for large motor vehicles carrying all to be about on average 0.75 miles. annual movements of large trucks commodity types was estimated to be FMCSA and PHMSA believe numerous through each of these 8,749 affected $1.93 per vehicle-mile in 2001. Inflating grade crossings close together in grade crossings was then multiplied by to 2009 dollars, this is equivalent to metropolitan areas may result in such a the estimates of additional miles $2.34 per vehicle-mile. small average extra VMT estimate. traveled per trip to derive a final Estimates of safety-related costs were FMCSA and PHMSA included for maximum estimate of 110,902,390 derived from average fatality, injury, analysis only the subset of grade additional VMT annually (affecting and property-damage-only incidence crossings with storage distance about 146,307,200 motor vehicle trips rates developed by FMCSA for large estimated to be 100 feet or less that are annually) in the 27 jurisdictions where truck transportation,13 and cost-per- located in the 27 jurisdictions (26 States no equivalent State law currently incident estimates. These results are and the District of Columbia) that do not exists.11 summarized in Table IV below.

TABLE IV—ESTIMATED ANNUAL MOTOR VEHICLE OPERATING AND SAFETY COSTS RESULTING FROM ADDED VMT TO BYPASS STORAGE-SPACE IMPACTED GRADE CROSSINGS [$2009, thousands]

Mid-range estimate; Lower-end esti- Highest possible 10 percent of max- mate; 1 percent of Cost category estimate of addi- imum additional maximum additional tional VMT VMT VMT

Extra VMT ...... 110,900 11,100 1,100 CMV Operations Crash Related: ...... $261,500 $ 26,100 $ 2,600 Fatalities ...... $ 15,600 $ 1,550 $ 200 Injuries ...... $ 8,200 $ 800 < $ 100 Property Damage ...... $ 500 < $ 100 < $ 100 Hazardous Material Spills ...... < $ 100 < $ 100 < $ 100

Total Costs ...... $286,000 $28,700 $3,100

These additional operations and rerouting in those States with laws HMTAA have elicited little public safety costs are several hundred times similar to this NPRM. FMCSA and response. Of the 45 comments greater than the estimated net benefits PHMSA seek comments from States submitted to the July 30, 1998, NPRM, in Table III, which ignores potential re- with laws similar to this proposal on 35 were from State agencies expressing routing costs. The high-end estimated how many extra miles, on average, their concern that the rulemaking would crash-related costs, by themselves, are grade crossing prohibitions force trucks impose certain economic burdens on the about 42 times greater than the total and buses to travel to avoid crossings States. As explained previously in this annual net benefits of this proposal. with insufficient storage space. NPRM, however, those concerns were Motor carriers, however, are based on a misunderstanding of the incentivized to minimize VMT in order Regulatory Analyses applicability of the proposed rule. to save time and money; FMCSA and Executive Order 12866 (Regulatory Comments were received from three PHMSA believe that operators will be Planning and Review) and DOT transportation industry associations (the able to find alternate routes that add Regulatory Policies and Procedures American Trucking Associations (ATA), little distance to their trips. We believe AAR, the National School the lower-end estimate of additional FMCSA and PHMSA have determined Transportation Association (NSTA)) and VMT in Table IV is likely to be the most that this action is a non-significant three transit authorities, with only four realistic. regulatory action within the meaning of comments from other entities. FMCSA and PHMSA seek additional Executive Order 12866. FMCSA and The Agencies note that when FMCSA information from the public to further PHMSA expect the proposed rule would held a public meeting on the assess the costs and benefits of this have minimal costs and generate implementation of section 112 in proposal. FMCSA has found no minimal public interest. Previous efforts September 2006, there were only two indications of problems caused by to implement section 112 of the participants—one from the AAR, none

11 8,749 affected grade crossings times ∼12,676 12 Thomas M. Corsi, et al., ‘‘Motor Carrier Industry Information Management, Federal Motor Carrier per trip additional miles estimated equals Profile Study: Financial and Operating Performance Safety Administration, September 2004. 110,902,390 additional VMT annually. Profiles by Industry Segment, 2001–2002,’’ Office of 13 FMCSA, ‘‘Large Truck Crash Facts,’’ February 2007.

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from the motor carrier industry or the existing training curricula and would Executive Order 13132. FMCSA and States. The interest initially expressed not likely add extra time to the training PHMSA have preliminarily determined by States in response to the 1998 NPRM requirement. that this rulemaking would not have a seems to have diminished since the We estimated that a preponderance of substantial direct effect on States, nor NPRM was withdrawn in 2006, this rule’s implementation costs, would it limit the policy-making presumably because FMCSA’s expected to be composed of government discretion of the States. Nothing in this discussion of the comments to the administrative, enforcement, or training document would preempt any State law docket resolved their concerns. The activities, will affect transportation or regulation. motor carriers and drivers to which this personnel in the 27 jurisdictions that do Executive Order 12372 rule would apply, as well as the not have an existing law or regulation (Intergovernmental Review) associations that represent their similar to the proposed Federal rule. interests, have shown little interest in Accordingly, the Administrators of The regulations implementing this proceeding; FMCSA and PHMSA FMCSA and PHMSA hereby certify that Executive Order 12372 regarding therefore believe the rulemaking is non- this proposal would not have a intergovernmental consultation on significant in the context of Executive significant economic impact on a Federal programs and activities do not Order 12866. substantial number of small entities. apply to this program. The Agency has prepared a regulatory Paperwork Reduction Act analysis of the costs and benefits of this Unfunded Mandates Reform Act of 1995 proposal. The estimated costs and There is only one circumstance under The Paperwork Reduction Act of 1995 benefits are small, and the rule may be which this rulemaking would impose an (44 U.S.C. 3507(d)) requires that FMCSA cost beneficial. That is not certain, unfunded Federal mandate, as defined and PHMSA consider the impact of however, given the additional VMT that by the Unfunded Mandates Reform Act paperwork and other information may be generated but that cannot be of 1995 (2 U.S.C. 1532, et seq.), resulting collection burdens imposed on the reliably estimated. A copy of the in the expenditure by State, local, and public. FMCSA and PHMSA have analysis document is included in docket tribal governments, in the aggregate, or determined that there are no current FMCSA–2006–25660. by the private sector, of $140.3 million new information collection or more in any 1 year. If drivers and requirements associated with this Regulatory Flexibility Act motor carriers resolutely fail to learn proposed rule. In compliance with the Regulatory from previous experience (by repeatedly National Environmental Policy Act Flexibility Act (5 U.S.C. 601–612), approaching railroad highway grade FMCSA and PHMSA have considered crossings with storage space inadequate The Agencies analyzed this proposed the effects of this proposed regulatory to accommodate their vehicles and then rule for the purpose of the National action on small entities and determined turning away to find alternative Environmental Policy Act of 1969 that this proposed rule would not have crossings), the additional VMT (NEPA) (42 U.S.C. 4321 et seq.) and a significant economic impact on a generated by these errors might have a determined under FMCSA’s substantial number of small entities, as cost exceeding the threshold for this environmental procedures Order 5610.1, defined by the U.S. Small Business statute. FMCSA and PHMSA, however, issued March 1, 2004 (69 FR 9680), that Administration’s Office of Size believe that drivers and carriers would there is no adverse impact to Air Standards. make such mistakes only a few times, Quality because the Proposed Action FMCSA has determined that the and thereafter select streets and roads would result in a decrease in highway requirements in this rulemaking apply with appropriate grade crossings that do and rail vehicle emissions as a result of to a substantial number of small entities not require re-routing. PHMSA and fewer crashes. There are possible, (i.e., small owner/operator motor FMCSA, therefore, believe that this rule moderately positive impacts to public carriers and other small businesses would not impose an unfunded Federal health and safety, specifically at grade employing CMV drivers). The NPRM, mandate. crossings, based on a decrease in the however, does not mandate specific likelihood of fatalities and injuries as a changes in carrier operations or driver Executive Order 12988 (Civil Justice result of CMV crashes due to training. Any rerouting and other Reform) insufficient storage distance at grade logistics costs that might be borne by This proposed action would meet crossings. There are no identified small carriers would occur only to the applicable standards in sections 3(a) overall negative environmental or extent that their private benefits were and 3(b)(2) of Executive Order 12988, socioeconomic impacts associated with judged to be greater than their costs. Civil Justice Reform, to minimize the proposed rule. Carriers are presumed to pursue the litigation, eliminate ambiguity, and The beneficial impacts of the most efficient transportation routes in reduce burden. proposed rule include the positive effect order to minimize time, fuel usage, tire on hazardous materials transportation, wear-and-tear and dead heading. Executive Order 12630 (Taking of reduced locomotive idling time Obtaining the most efficient route is a Private Property) otherwise incurred as follow-on trains function of many factors, one of which This proposed rulemaking would not are delayed by derailments at grade is the avoidance of deficient storage- effect a taking of private property or crossings, and public health and safety, space railroad tracks. To the extent that otherwise have taking implications specifically at grade crossings. There are existing carriers have not already under Executive Order 12630, also net positive socioeconomic attained and incorporated efficient route Governmental Actions and Interference benefits, to motor and rail carriers in plans, they may sustain a revenue with Constitutionally Protected Property particular, in addition to positive reduction, but it is one that is expected Rights. indirect impacts to aspects of the to be minimal and temporary. physical and human environment. Also, there would probably be only Executive Order 13132 (Federalism) FMCSA and PHMSA have also minimal additional costs for driver This proposed action has been analyzed this rule under the Clean Air training as the training would probably analyzed in accordance with the Act, as amended (CAA), section 176(c) occur as a modification of emphasis in principles and criteria contained in (42 U.S.C. 7401 et seq.), and

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implementing regulations promulgated because it would not be economically a quantity of hazardous materials, as by the Environmental Protection significant and would not be likely to defined in 49 CFR 383.5, requiring Agency. Approval of this action is have a significant adverse effect on the placarding under part 172 of the 49 CFR exempt from the CAA’s general supply, distribution, or use of energy. or any quantity of a material listed as a conformity requirement since it select agent or toxin in 42 CFR part 73 List of Subjects involves rulemaking and policy must comply with the safe clearance development and issuance. 49 CFR Part 177 requirements for highway-rail crossings A copy of the joint FMCSA and Hazardous materials transportation, in § 392.12 of the FMCSRs. PHMSA Environmental Assessment Motor carriers, Radioactive materials, (EA) is included in docket FMCSA– PART 392—DRIVING OF COMMERCIAL Reporting and recordkeeping 2006–25660. FMCSA and PHMSA MOTOR VEHICLES requirements. request the public to comment on this environmental assessment. 49 CFR Part 392 3. The authority citation for part 392 is revised to read as follows: Executive Order 12898 (Environmental Highway safety, Motor carriers. Justice) In consideration of the foregoing, Authority: 49 U.S.C. 13902, 31136, 31151, 31502; Section 112 of Pub. L. 103–311, 108 FMCSA and PHMSA evaluated the PHMSA and FMCSA propose to amend Stat. 1673, 1676 (1994); and 49 CFR 1.73. environmental effects of this proposed title 49, Code of Federal Regulations, rule in accordance with Executive Order chapter I, part 177, and chapter III, part 4. Section 392.12 is added to read as 12898 and determined that there are 392, as set forth below: follows: neither environmental justice issues PART 177—CARRIAGE BY PUBLIC § 392.12 Highway-rail crossings; safe associated with its provisions nor any clearance. collective environmental impact HIGHWAY resulting from its promulgation. 1. The authority citation for part 177 No driver of a commercial motor Environmental justice issues would be is revised to read as follows: vehicle shall drive onto a highway-rail raised if there were ‘‘disproportionate’’ grade crossing without having sufficient and ‘‘high and adverse impact’’ on Authority: 49 U.S.C. 5101–5127; sec. 112 space to drive completely through the of Pub. L. 103–311, 108 Stat. 1673, 1676 crossing without stopping. minority or low-income populations. (1994); 49 CFR 1.53. None of the alternatives analyzed in Issued in Washington, DC on January 20, FMCSA’s EA, discussed under NEPA, 2. Amend § 177.804 by redesignating 2011 under authority delegated in 49 CFR would result in high and adverse the existing text as paragraph (a), part 1. environmental impacts. amending newly designated paragraph (a) by adding a paragraph heading, and By the Federal Motor Carrier Safety Administration. Executive Order 13211 (Energy Effects) by adding a new paragraph (b) to read Anne S. Ferro, FMCSA and PHMSA analyzed this as follows: proposed action under Executive Order Administrator. 13211, Actions Concerning Regulations § 177.804 Compliance with Federal Motor By the Pipeline and Hazardous Materials That Significantly Affect Energy Supply, Carrier Safety Regulations. Safety Administration. Distribution or Use. FMCSA and * * * * * Cynthia L. Quarterman, PHMSA determined preliminarily that it (a) General. * * * Administrator. would not be a ‘‘significant energy (b) Highway-rail crossings. Drivers of [FR Doc. 2011–1841 Filed 1–27–11; 8:45 am] action’’ under that Executive Order commercial motor vehicles transporting BILLING CODE 4910–EX–P

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Notices Federal Register Vol. 76, No. 19

Friday, January 28, 2011

This section of the FEDERAL REGISTER their comments electronically to the • Code of Practice for the Storage and contains documents other than rules or following e-mail address: Transport of Edible Fats and Oils in proposed rules that are applicable to the [email protected]. Bulk public. Notices of hearings and investigations, Call-In Number: (a) Draft Criteria to Assess the committee meetings, agency decisions and If you wish to participate in the Acceptability of Substances for rulings, delegations of authority, filing of petitions and applications and agency public meeting for the 22nd session of Inclusion in a list of Acceptable statements of organization and functions are the CCFO by conference call, please use Previous Cargoes examples of documents appearing in this the following call-in number and (b) Draft List of Acceptable Previous section. participant code listed below: Cargoes Call-in Number: 1–866–859–5767 (c) Proposed Draft List of Acceptable Participant Code: 2225276 Previous Cargoes • DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION ABOUT THE Proposed Draft Amendment to the 22ND SESSION OF THE CCFO CONTACT: Standard for Olive Oils and Olive Food Safety and Inspection Service Martin Stutsman, J.D., Office of Food Pomace Oils: Linolenic Acid Level • [Docket No. FSIS–2010–0042] Safety (HFS–317) Center for Food Safety Proposal to Amend the Standard for and Applied Nutrition, FDA, 5100 Paint Olive Oils and Olive Pomace Oils: Codex Alimentarius Commission: Branch Parkway, College Park, Content of Delta—7- stigmastenol Meeting of the Codex Committee on Maryland 20740, phone: (301) 436– • Proposal for New Work on a Standard Fat and Oils 1642, fax: (301) 436–2651, e-mail: for Fish Oils [email protected]. • Proposal to Amend the Standard for AGENCY: Office of the Under Secretary Named Vegetable Oils: Sunflower for Food Safety, USDA. FOR FURTHER INFORMATION ABOUT THE Seed Oils PUBLIC MEETING CONTACT: Marie Maratos, ACTION: Notice of public meeting and Each issue listed will be fully request for comments. U.S. Codex Office, 1400 Independence Avenue, SW., Room 4861, Washington, described in documents distributed, or SUMMARY: The Office of the Under DC 20250, phone: (202) 690–4795, to be distributed, by the Secretariat prior Secretary for Food Safety, U.S. mobile: (202) 412–7901, fax: (202) 720– to the meeting. Members of the public Department of Agriculture (USDA), and 3157, e-mail: may access copies of these documents the U.S. Food and Drug Administration [email protected]. (see ADDRESSES). (FDA) are sponsoring a public meeting SUPPLEMENTARY INFORMATION: Public Meeting on February 9, 2011. The objective of At the February 9, 2011, public the public meeting is to provide Background meeting, draft U.S. positions on the information and receive public Codex was established in 1963 by two agenda items will be described and comments on agenda items and draft United Nations organizations, the Food discussed, and attendees will have the United States (U.S.) positions that will and Agriculture Organization and the opportunity to pose questions and offer be discussed at the 22nd session of the World Health Organization. Through comments. Written comments may be Codex Committee on Fats and Oils adoption of food standards, codes of offered at the meeting or sent to the U.S. (CCFO) of the Codex Alimentarius practice, and other guidelines Delegate for the 22nd Session of the Commission (Codex), which will be developed by its committees, and by CCFO—Martin Stutsman (see held in Penang, Malaysia, February 21– promoting their adoption and ADDRESSES). Written comments should 25, 2011. The Under Secretary for Food implementation by governments, Codex state that they relate to activities of the Safety and the FDA recognize the seeks to protect the health of consumers 22nd Session of the CCFO. importance of providing interested and ensure that fair practices are used parties the opportunity to obtain in trade. USDA Nondiscrimination Statement background information on the 22nd The CCFO is responsible for USDA prohibits discrimination in all session of the CCFO and to address elaborating worldwide standards for fats its programs and activities on the basis items on the agenda. and oils of animal, vegetable, and of race, color, national origin, gender, DATES: The public meeting is scheduled marine origin, including margarine and religion, age, disability, political beliefs, for February 9, 2011, from 1:30–4 p.m. olive oil. sexual orientation, and marital or family ADDRESSES: The public meeting will be The Committee is hosted by Malaysia. status. (Not all prohibited bases apply to held at FDA, Harvey W. Wiley Building, Issues To Be Discussed at the Public all programs.) Auditorium (1A003), 5100 Paint Branch Meeting Persons with disabilities who require Parkway, College Park, MD 20740. alternative means for communication of Documents related to the 22nd session The following items on the agenda for program information (Braille, large of the CCFO will be accessible via the the 22nd Session of the CCFO will be print, audiotape, etc.) should contact World Wide Web at the following discussed during the public meeting: USDA’s Target Center at 202–720–2600 address: http:// • Matters referred by Codex and other (voice and TTY). www.codexalimentarius.net/ Committees To file a written complaint of current.asp. • Draft Amendment to the Standard for discrimination, write USDA, Office of Martin Stutsman, U.S. Delegate to the Named Vegetable Oils: Inclusion of the Assistant Secretary for Civil Rights, 22nd Session of the CCFO, and the FDA, Palm Kernel Olein and Palm Kernel 1400 Independence Avenue, SW., invite U.S. interested parties to submit Stearin Washington, DC 20250–9410 or call

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202–720–5964 (voice and TTY). USDA DEPARTMENT OF AGRICULTURE medical practices contributing to the is an equal opportunity provider and production of a safe and wholesome employer. National Institute of Food and food supply and to animal, human, and Agriculture environmental health. However, the Additional Public Notification privately practicing food animal Solicitation of Nomination of veterinary practitioner population Public awareness of all segments of Veterinary Shortage Situations for the rulemaking and policy development is within the U.S. is, numerically, the Veterinary Medicine Loan Repayment largest, and arguably the most important important. Consequently, in an effort to Program (VMLRP) single component of the food supply ensure that the public and in particular veterinary medical sector. Food animal minorities, women, and persons with AGENCY: National Institute of Food and Agriculture, USDA. veterinarians, working closely with disabilities, are aware of this notice, livestock producers and State and FSIS will announce it on-line through ACTION: Notice and solicitation for nominations. Federal officials, constitute the first line the FSIS Web page located at http:// of defense against spread of endemic www.fsis.usda.gov/ SUMMARY: The National Institute of Food and zoonotic diseases, introduction of _ _ regulations & policies/ and Agriculture (NIFA) is soliciting high consequence foreign animal _ _ Federal Register Notices/index.asp. nominations for veterinary service diseases, and other threats to the health FSIS also will make copies of this shortage situations for the Veterinary and wellbeing of both animals and Federal Register publication available Medicine Loan Repayment Program humans who consume animal products. through the FSIS Constituent Update, (VMLRP; [75 FR 20239–20248]), as Among the most alarming findings of which is used to provide information authorized under the National the Coalition-sponsored studies was regarding FSIS policies, procedures, Veterinary Medical Services Act objective confirmation that insufficient regulations, Federal Register notices, (NVMSA), 7 U.S.C. 3151a. This Notice numbers of veterinary students are FSIS public meetings, and other types of initiates a 60-day nomination selecting food supply veterinary information that could affect or would solicitation period and prescribes the medical careers. This development has be of interest to our constituents and procedures and criteria to be used by led both to current shortages and to stakeholders. The Update is State, Insular Area, DC and Federal projections for worsening shortages over Lands (hereafter referred to as State(s)) communicated via Listserv, a free e-mail the next 10 years. While there were Animal Health Officials (SAHO) in subscription service consisting of many reasons students listed for opting order to nominate veterinary shortage industry, trade, and farm groups, not to choose a career in food animal situations. All States are eligible to practice or other food supply veterinary consumer interest groups, allied health submit nominations, up to the sectors, chief among the reasons was professionals, scientific professionals, maximum indicated for each State in concern over burdensome educational and other individuals who have this notice. NIFA is conducting this debt. According to a survey of requested to be included. The Update solicitation of veterinary shortage veterinary medical graduates conducted also is available on the FSIS Web page. situation nominations under previously by the American Veterinary Medical Through Listserv and the Web page, approved information collection (OMB Association (AVMA) in the spring of FSIS is able to provide information to a Control Number 0524–0046). 2009, the average educational debt for much broader, more diverse audience. FOR FURTHER INFORMATION CONTACT: Gary students graduating from veterinary In addition, FSIS offers an e-mail Sherman; National Program Leader, school is approximately $130,000. Such subscription service which provides Veterinary Science; National Institute of debt loads incentivize students to select automatic and customized access to Food and Agriculture; U.S. Department other veterinary careers, such as selected food safety news and of Agriculture; STOP 2220; 1400 companion animal medicine, which information. This service is available at Independence Avenue, SW., tend to be more financially lucrative http://www.fsis.usda.gov/ Washington, DC 20250–2220; Voice: and, therefore, enable students to more News_&_Events/Email_Subscription/. 202–401–4952; Fax: 202–401–6156; E- quickly repay their outstanding Options range from recalls, export mail: [email protected]. educational loans. Furthermore, when information, regulations, directives, and SUPPLEMENTARY INFORMATION: this issue was studied in the Coalition report from the perspective of notices. Customers can add or delete Background and Purpose identifying solutions to this workforce subscriptions themselves, and have the A landmark series of three peer- imbalance, panelists were asked to rate option to password protect their reviewed studies published in 2007 in 18 different strategies for addressing accounts. the Journal of the American Veterinary shortages. Responses from the panelists Done at Washington, DC on January 24, Medical Association (JAVMA), and overwhelmingly showed that student 2011. sponsored by the Food Supply debt repayment and scholarship Karen Stuck, Veterinary Medicine Coalition (http:// programs were the most important U.S. Manager for Codex Alimentarius. www.avma.org/fsvm/recognition.asp), strategies in addressing future shortages [FR Doc. 2011–1916 Filed 1–27–11; 8:45 am] gave considerable attention to the (JAVMA 229:57–69). growing shortage of food supply BILLING CODE 3410–DM–P Paperwork Reduction Act veterinarians, the causes of shortages in this sector, and the consequences to the In accordance with the Office of U.S. food safety infrastructure and to the Management and Budget (OMB) general public if this trend continues to regulations (5 CFR Part 1320) that worsen. Food supply veterinary implement the Paperwork Reduction medicine embraces a broad array of Act of 1995 (44 U.S.C. Chapter 35), the veterinary professional activities, information collection and specialties and responsibilities, and is recordkeeping requirements imposed by defined as the full range of veterinary the implementation of these guidelines

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have been approved by OMB Control was enacted, providing an additional shortage situations for the FY 2011 Number 0524–0046. $2,950,000, for the VMLRP. In October program cycle: 2009, the President signed into law, List of Subjects in Guidelines for II. Nomination of Veterinary Shortage Public Law 111–80, Agriculture, Rural Veterinary Shortage Situation Situations Development, Food and Drug Nominations Administration, and Related Agencies A. General I. Preface and Authority Appropriations Act of 2010, which 1. Eligible Shortage Situations II. Nomination of Veterinary Shortage appropriated $4,800,000 for the VMLRP. Situations Consequently, prior to the first group of Section 1415A of the National A. General VMLRP awards (FY 2010), there was a Agricultural Research, Extension, and 1. Eligible Shortage Situations cumulative total of approximately $9.6 Teaching Policy Act of 1997 2. Authorized Respondents and Use of (NARETPA), as amended and revised by Consultation million available for NIFA to administer 3. Rationale for Capping Nominations and this program. Funding for FY 2011 and Section 7105 of the Food, Conservation, State Allocation Method future years will depend upon annual and Energy Act of 2008, Pub. L. 110– 4. State Allocation of Nominations appropriations and balances carried 246, (FCEA) directs determination of 5. FY 2011 Shortage Situation Nomination forward from prior years, and may vary veterinarian shortage situations to Process from year to year. consider (1) geographical areas that the 6. Submission and Due Date Section 7105 of the Food, Secretary determines have a shortage of 7. Period Covered veterinarians; and (2) areas of veterinary 8. Definitions Conservation, and Energy Act of 2008, Public Law 110–246, (FCEA) amended practice that the Secretary determines B. Nomination Form and Description of have a shortage of veterinarians, such as Fields section 1415A to revise the food animal medicine, public health, 1. Access to Nomination Form determination of veterinarian shortage epidemiology, and food safety. This 2. Physical Location of Shortage Area or situations to consider (1) geographical section also added that priority should Position areas that the Secretary determines have be given to agreements with 3. Type I Shortage a shortage of veterinarians; and (2) areas 4. Type II Shortage veterinarians for the practice of food of veterinary practice that the Secretary 5. Type III Shortage animal medicine in veterinarian determines have a shortage of 6. Written Response Sections shortage situations. C. NIFA Review of Shortage Situation veterinarians, such as food animal While the NVMSA (as amended) Nominations medicine, public health, epidemiology, specifies priority be given to food 1. Review Panel Composition and Process and food safety. This section also added animal medicine shortage situations, 2. Review Criteria that priority should be given to and that consideration also be given to Guidelines for Veterinary Shortage agreements with veterinarians for the specialty areas such as public health, Situation Nominations practice of food animal medicine in epidemiology and food safety, the Act veterinarian shortage situations. does not identify any areas of veterinary I. Preface and Authority NARETPA section 1415A requires the practice as ineligible. Accordingly, all In January 2003, the National Secretary, when determining the nominated veterinary shortage Veterinary Medical Service Act amount of repayment for a year of situations will be considered eligible for (NVMSA) was passed into law adding service by a veterinarian to consider the submission. However, the section 1415A to the National ability of USDA to maximize the competitiveness of submitted Agricultural Research, Extension, and number of agreements from the amounts nominations, upon evaluation by the Teaching Policy Act of 1997 appropriated and to provide an external review panel convened by (NARETPA). This law established a new incentive to serve in veterinary service NIFA, will reflect the intent of Congress Veterinary Medicine Loan Repayment shortage areas with the greatest need. that priority be given to certain types of Program (7 U.S.C. 3151a) authorizing This section also provides that loan veterinary service shortage situations. the Secretary of Agriculture to carry out repayments may consist of payments of NIFA therefore anticipates that, as in the a program of entering into agreements the principal and interest on first year of the program, the 2011 with veterinarians under which they government and commercial loans program cycle and perhaps additional agree to provide veterinary services in received by the individual for subsequent early years of program veterinarian shortage situations. In attendance of the individual at an implementation, the most competitive November 2005, the Agriculture, Rural AVMA-accredited college of veterinary nominations will be those directly Development, Food and Drug medicine resulting in a degree of Doctor addressing food supply veterinary Administration, and Related Agencies of Veterinary Medicine or the medicine shortage situations. Appropriations Act, 2006 (Pub. L. 109– equivalent. This program is not NIFA has adopted definitions of the 97) appropriated $495,000 for CSREES authorized to provide repayments for practice of veterinary medicine and the to implement the Veterinary Medicine any government or commercial loans practice of food supply medicine that Loan Repayment Program and incurred during the pursuit of another are broadly inclusive of the critical roles represented the first time funds had degree, such as an associate or bachelor veterinarians serve in both public been appropriated for this program. In degree. practice and private practice situations. February 2007, the Revised Continuing The Secretary delegated the authority Nominations describing either public or Appropriations Resolution, 2007 (Pub. to carry out this program to NIFA. private practice veterinary shortage L. 110–5) appropriated an additional Pursuant to the requirements enacted situations will therefore be eligible for $495,000 to CSREES for support of the in the NVMSA of 2004 (as revised), and submission. However, NIFA interprets program, and in December 2007, the the implementing regulation for this that Congressional intent is to give Consolidated Appropriations Act, 2008 Act, Part 3431 Subpart A of the VMLRP priority to the private practice of food appropriated an additional $868,875 to Final Rule [75 FR 20239–20248], NIFA animal medicine. NIFA is grateful to the CSREES for support of this program. On hereby implements guidelines for Association of American Veterinary March 11, 2009, the Omnibus authorized State Animal Health Medical Colleges (AAVMC), the Appropriations Act, 2009 (Pub.L. 111–8) Officials to nominate veterinary American Veterinary Medical

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Association (AVMA), and other from the nomination solicitation and and Livestock Products Total Sales ($)’’ stakeholders for their recommendations review process) should roughly reflect and ‘‘Land Area’’ (acres). The ‘‘Livestock regarding the appropriate balance of the national distribution of food supply and Livestock Products Total Sales ($)’’ program emphasis on public and private veterinary service demand. By not variable broadly predicts veterinary practice shortage situations. NIFA will capping nominations based on some service need in a State because this is seek to achieve a final distribution of objective criteria, it is likely there would a normalized (to cash value) estimate of approximately 90 percent of be no correlation between the mapped the extent of (live) animal agriculture in nominations (and eventual agreements) pattern and density of certified shortage the State. The State ‘‘land area’’ variable that are geographic, private practice, situations and the actual pattern and predicts veterinary service need because food animal veterinary medicine density of need. This in turn could there is positive correlation between shortage situations, and approximately undermine confidence in the program State land area, percent of State area 10 percent of nominations that reflect with Congress, the public, and other classified as rural and the percent of public practice shortage situations. stakeholders. land devoted to actual or potential The second option, limiting all States livestock production. Importantly, land 2. State Respondents and Use of and insular areas to the same number of Consultation area is also directly correlated with the nominations suffers from some of the number of veterinarians needed to Respondents on behalf of each State same disadvantages as option one. It has provide veterinary services in a State include the chief State Animal Health the benefit of limiting administrative because of the practical limitations Official (SAHO), as duly authorized by burden on both the SAHO and the relating to the maximum radius of a the Governor or the Governor’s designee nomination review process. However, standard veterinary service area; due to in each State. The SAHO Nominators like option one, there would be no fuel and other cost factors, the are requested to submit to correlation between the mapped pattern maximum radius a veterinarian [email protected] a Form NIFA of certified shortage situations and the operating a mobile veterinary service 2009–0001, VMLRP Veterinarian actual pattern of need. For example, can cover is approximately 60 miles, Shortage Situation Nomination, which Guam and Rhode Island would be which roughly corresponds to two or is available in the State Animal Health allowed to submit the same number of three contiguous counties of average Officials section on the VMLRP Web site nominations as Texas and Nebraska, size. at http://www.nifa.usda.gov/vmlrp. One despite the large difference in the sizes NIFA recognizes that that these two form must be submitted for each of their respective animal agriculture NASS variables are not perfect nominated shortage situation. NIFA industries and rural land areas requiring predictors of veterinary service demand. strongly encourages the SAHO to veterinary service coverage. However, for the purpose of fairly and involve leading health animal experts in The third option, to cap the number the State in the identification and of nominations in relation to major transparently estimating veterinary prioritization of shortage situation parameters correlating with veterinary service demand, NIFA believes these nominations. service demand, achieves the goals both two unbiased composite variables of practical control over the account for a significant proportion of 3. Rationale for Capping Nominations administrative burden to the States and several of the most relevant factors and State Allocation Method NIFA, and of achieving a mapped influencing veterinary service need and In its consideration of fair, transparent pattern of certified nominations that risk. To further ensure fairness and and objective approaches to solicitation approximates the theoretical actual equitability, NIFA is employing these of shortage area nominations, NIFA shortage distribution. In addition, this variables in a straightforward, evaluated three alternative strategies method limits dilution of highest need transparent and liberal manner that before deciding on the appropriate areas with lower-level need areas. The ensures every State and insular area is strategy. The first option considered was disadvantage of this strategy is that eligible for at least one nomination and to impose no limits on the number of there is no validated, unbiased, direct that all States receive a generous nominations submitted. The second was measure of veterinary shortage and so it apportionment of nominations, relative to allow each State the same number of is necessary to employ robust surrogate to their geographic size and size of nominations. The third (eventually parameters that correlate with the agricultural animal industries. selected) was to differentially cap the hypothetical cumulative relative need Following this rationale, the Secretary number of nominations per State based for each State in comparison to other is specifying the maximum number of on defensible and intuitive criteria. States. Such parameters exist and the nominations per State in order to (1) The first option, providing no limits degree to which they are not perfect assure distribution of designated to the number of nominations per State, measures of veterinary need is shortage areas in a manner generally is fair to the extent that each State and compensated for by generously reflective of the differential overall insular area has equal opportunity to assigning nomination allowances based demand for food supply veterinary nominate as many situations as desired. on State rank for each parameter. services in different States, (2) ensure a However, funding for the VMLRP is In the absence of a validated unbiased practical balance between the number of limited (relative to anticipated demand) direct measure of relative veterinary potential awardees and the available and so allowing potentially high and service need or risk for each State and shortage situations, (3) assure the disproportionate submission rates of insular area, the National Agricultural number of shortage situation nominations could both unnecessarily Statistics Service (NASS) provided nominations submitted fosters emphasis burden the nominators and the NIFA with reliable, publically on selection by nominators and reviewers with a potential avalanche of accessible, high quality, unbiased data applicants of the highest priority need nominations and dilute highest need that correlate with demand for food areas, and (4) provide practical and situations with lower-level need supply veterinary service. NIFA has proportional limitations of the situations. Moreover, NIFA believes that consulted with NASS and determined administrative burden borne by SAHOs the distribution of opportunity under that NASS State-level variables most preparing nominations, and by panelists this program (i.e., distribution of strongly correlated with food supply serving on the NIFA nominations mapped shortage situations resulting veterinary service need are ‘‘Livestock review panel.

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Furthermore, instituting a limit on the ranks of States for two variables broadly cattle. Interaction between wildlife and number of nominations is consistent correlated with demand for food supply domestic livestock, such as sheep and with language in the Final Rule stating, veterinary services; ‘‘Livestock and cattle, is particularly common in the ‘‘The solicitation may specify the Livestock Products Total Sales ($)’’ plains States where significant portions maximum number of nominations that (LPTS) and ‘‘Land Area (acres)’’ (LA). of Federal lands are leased for grazing. may be submitted by each State animal The total number of NIFA-approved/ Therefore, both SAHOs and the Chief health official.’’ designated shortage situations per State Federal Animal Health Officer (Deputy in any given program year is based on Administrator, Animal and Plant Health 4. State Allocation of Nominations the quartile ranking of each State in Inspection Service or designee) may For any given program year, the terms of LPTS and LA. States for which submit nominations to address shortage number of designated shortage NASS has both LPTS and LA values, situations on or related to Federal situations per State will be limited by and which have at least $1,000,000 Lands. NIFA, and this will in turn impact the LPTS and at least 500,000 acres LA NIFA emphasizes that shortage number of new nominations a State may (typically all States plus Puerto Rico), nomination allocation is merely submit each time NIFA solicits shortage were independently ranked from least to intended to broadly balance the number nominations. In the first year of the greatest value for each of these two of designated shortage situations across program, NIFA accepted a number of composite variables. The two ranked States prior to the applications and nominations equivalent to the allowable lists were then divided into quartiles awards phase of the VMLRP. In the number of designated shortage areas. In with quartile 1 containing the lowest awards phase, no State will be given a the 2011 cycle, NIFA is again soliciting variable values and quartile 4 preference for placement of awardees. nominations. All eligible submitting containing the highest variable values. Awards will be made based strictly on entities will, for the 2011 cycle, have an Each State then received the number of the peer review panels’ assessment of opportunity to do the following: (1) designated shortage situations the quality of the match between the Retain designated status for any corresponding to the number of the knowledge, skills and abilities of the shortage situation successfully quartile in which the State falls. Thus a applicant and the attributes of the designated in 2010, (2) rescind any State that falls in the second quartile for specific shortage situation applied for. nomination officially designated in LA and the third quartile for LPTS may 2010, and (3) submit new nominations. 5. FY 2011 Shortage Situation have a maximum of five designated Nomination Process The total number of new nominations shortage situations (2 + 3) should the and designated nominations retained external review panel recommend all As described in Section 4 above, all may not exceed the total number of allowable nominations, and NIFA SAHOs will, for the FY 2011 cycle, have shortages each entity is permitted. An concur with the panels’ an opportunity to do the following: (1) amendment to an existing shortage recommendations. This transparent Retain designated status for any nomination is presumed to constitute a computation was made for each State shortage situation successfully significant change. Therefore, amended thereby giving a range of 2 to 8 designated in 2010, without need for nominations must be rescinded and designated shortage situations, reevaluation by merit review panel, (2) resubmitted to NIFA for evaluation by contingent upon each State’s quartile rescind any nomination officially the 2011 review panel. ranking for the two variables. Should designated in 2010, and (3) submit new The State cap on number of changes in future funding for the nominations. The total number of new nominations (and potential program indicate the need for an nominations and designated designations) will remain the same in increase or decrease in the maximum nominations retained may not exceed 2011 as 2010. Thus, all States have the number of designated shortage the total number of shortages each State opportunity to re-establish the situations, a multiplier either greater or is allocated. An amendment to an maximum number of designated less than one will be applied to make a existing shortage nomination constitutes shortage situations. NIFA reserves the proportional adjustment to every State. a significant change and therefore must right in the future to proportionally The total number of designated be rescinded and resubmitted to NIFA adjust the maximum number of shortage situations for each State in as a new nomination, to be evaluated by designated shortage situations per State 2011 is shown in Table III. the 2011 review panel. The State cap on to ensure a balance between available While Federal Lands are widely number of nominations (and potential funds and the requirement to ensure dispersed within States and Insular designations) is the same in 2011 as priority is given to mitigating veterinary Areas across the country, they constitute 2010. shortages corresponding to situations of a composite total land area over twice The following process is the greatest need. Nomination Allocation the size of Alaska. If the 200-mile limit mechanism by which a SAHO should tables are available under the State U.S. coastal waters and associated retain or rescind a designated Animal Health Officials section at fishery areas are added, Federal Land nomination: NIFA will initiate the http://www.nifa.usda.gov/vmlrp. total acreage would exceed 1 billion. process by sending an e-mail to each Table I represents ‘‘Special Both State and Federal Animal Health SAHO of States with at least one Consideration Areas’’ which include any officials have responsibilities for matters designated nomination from FY 2010 State or Insular Area not reporting data, relating directly or indirectly to that went unfilled with a PDF copy of and/or reporting less than $1,000,000 in terrestrial and aquatic food animal each nomination form attached to the e- annual Livestock and Livestock health on Federal Lands. An example of mail. If the SAHO wishes to retain the Products Total Sales ($), and/or a food animal health problem requiring designated nomination, the SAHO shall possessing less than 500,000 Acres, as coordination between State and Federal include the unrevised PDF copy of the reported by NASS. One nomination is animal health officials is the designated nomination form along with allocated to any State or Insular Area reemergence of bovine TB infection, any new nominations when submitting classified as a Special Consideration thought to be caused in part by nominations by e-mail to Area. circulation of this pathogen in a variety [email protected] by the given Table II shows how NIFA determined of undomesticated animal reservoirs deadline. Any previously designated nomination allocation based on quartile that come in contact with domestic nomination form not included in the

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submission will be rescinded and medicine’s involvement in food supply Veterinarian means a person who has removed from the list of designated systems, from traditional agricultural received a professional veterinary shortage situations. production to consumption. medicine degree from a college of New nominations should be Insular area means the veterinary medicine accredited by the submitted by completing the Veterinary Commonwealth of Puerto Rico, Guam, AVMA Council on Education. Shortage Situation Nomination form American Samoa, the Commonwealth of Veterinary medicine means all that is available in the State Animal the Northern Mariana Islands, the branches and specialties included Health Officials section at http:// Federated States of Micronesia, the within the practice of veterinary www.nifa.usda.gov/vmlrp. The Republic of the Marshall Islands, the medicine. completed nomination forms should be Republic of Palau, and the Virgin Veterinary Medicine Loan Repayment e-mailed to [email protected] along Islands of the United States. Program or VMLRP means the with any previously designated NVMSA means the National Veterinary Medicine Loan Repayment nominations that the SAHO wishes to Veterinary Medicine Service Act. Program authorized by the National retain. Practice of food supply veterinary Veterinary Medical Service Act. medicine includes corporate/private Veterinarian shortage situation means 6. Submission and Due Date practices devoted to food animal any of the following situations in which Shortage situation nominations, both medicine, mixed animal medicine the Secretary, in accordance with the new and retained, must be submitted by located in a rural area (at least 30 process in Subpart A of 7 CFR Part March 29, 2011, to the Veterinary percent of practice devoted to food 3431, determines has a shortage of Medicine Loan Repayment Program; animal medicine), food safety, veterinarians: Division of Animal Systems; Institute of epidemiology, public health, animal (1) Geographical areas that the Food Production and Sustainability; health, and other practices that Secretary determines have a shortage of National Institute of Food and contribute to the production of a safe food supply veterinarians; and Agriculture; U.S. Department of and wholesome food supply. (2) Areas of veterinary practice that Agriculture, or by e-mail to Practice of veterinary medicine the Secretary determines have a [email protected]. means: To diagnose, treat, correct, shortage of food supply veterinarians, change, alleviate, or prevent animal such as food animal medicine, public 7. Period Covered disease, illness, pain, deformity, defect, health, animal health, epidemiology, Each designated shortage situation injury, or other physical, dental, or and food safety. shall be certified and remain certified mental conditions by any method or B. Nomination Form and Description of until filled, or withdrawn by the SAHO. mode; including: The prescription, Fields A SAHO may request that NIFA remove dispensing, administration, or a previously certified and designated application of any drug, medicine, 1. Access to Nomination Form shortage situation by sending an e-mail biologic, apparatus, anesthetic, or other The veterinary shortage situation to [email protected]. The request therapeutic or diagnostic substance or nomination form is available in the should specifically identify the shortage medical or surgical technique, or the use State Animal Health Officials section at situation the SAHO wishes to withdraw, of complementary, alternative, and http://www.nifa.usda.gov/vmlrp and and reason(s) for its withdrawal should integrative therapies, or the use of any should be e-mailed to vmlrp@nifa. be included. The program manager will manual or mechanical procedure for usda.gov. reproductive management, or the review the request, make a 2. Physical Location of Shortage Area or rendering of advice or recommendation determination, and inform the Position requesting SAHO of the final action by any means including telephonic and taken. Where a request for withdrawal other electronic communications with Following conclusion of the of a designated shortage situation leads regard to any of the above. nomination submission and designation to its removal from the list of NIFA- Rural area means any area other than process, NIFA will prepare lists and/or designated shortage situations, the a city or town that has a population of map(s) that include all certified shortage withdrawn situation may not be 50,000 inhabitants and the urbanized situations for the current program year. replaced by nomination of an alternate area contiguous and adjacent to such a This will require specification of a shortage situation until the next time city or town. physical location representing the NIFA solicits shortage nominations for Secretary means the Secretary of center of the service area (for a this program. Agriculture and any other officer or geographic shortage), or the location of employee of the Department to whom the main office or work address for a 8. Definitions the authority involved has been public practice and/or specialty practice For the purpose of implementing the delegated. shortage. For example, if the State seeks solicitation for veterinary shortage Service area means geographic area in to certify a tri-county area as a food situations, the following definitions are which the veterinarian will be providing animal veterinary service (e.g., Type I) applicable: veterinary medical services. shortage situation, a road intersection Act means the National Veterinary State means any one of the fifty approximating the center of the tri- Medical Service Act, as amended. States, the District of Columbia, and the county area would constitute a Agency or NIFA means the National insular areas of the United States. Also satisfactory physical location for NIFA’s Institute of Food and Agriculture. included are total ‘‘Federal Lands’’, listing and mapping purposes. By Department means the United States defined for convenience as a single contrast, if the State is identifying Department of Agriculture. entity. ‘‘veterinary diagnostician’’, a Type III Food animal means the following State animal health official or SAHO nomination, as a shortage situation, then species: bovine, porcine, ovine/camelid, means the chief State veterinarian, or the nominator would complete this field cervid, poultry, caprine, and any other equivalent, who will be responsible for by filling in the address of the location species as determined by the Secretary. nominating and certifying veterinarian where the diagnostician would work Food supply veterinary medicine shortage situations within State, insular (e.g., State animal disease diagnostic means all aspects of veterinary Area, DC or Federal Lands entities. laboratory).

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3. Type I Shortage—80 Percent or serving the food animal sector, yet the should be aware that Congress has Greater Private Practice Food Supply need for food animal veterinary services stipulated that the VMLRP must Veterinary Medicine for an existing, relatively small, emphasize private food animal practice SAHOs identifying this shortage type proportion of available food animal shortage situations. Accordingly, NIFA must check one or more boxes business is nevertheless great. The Type anticipates that loan repayments for the indicating which specie(s) constitute the II nomination is therefore intended to Public Practice sector will be limited to veterinary shortage situation. The Type address those rural shortage situations approximately 10 percent of total I shortage situation must entail at least where the nominator believes there is a nominations and available funds. an 80 percent time commitment to critical shortage of food supply The minimum time commitment private practice food supply veterinary veterinary services, and that a serving under a Type III shortage veterinarian can operate profitably medicine. The nominator will specify nomination is 49 percent. The committing 30 to 100 percent to food the minimum percent time (between 80 nominator will specify the minimum animal medicine in the designated rural and 100 percent) a veterinarian must percent time (between 49 percent and shortage area. The nominator will commit in order to satisfactorily fill the 100 percent) a veterinarian must commit specify the minimum percent time specific nominated situation. The in order to satisfactorily fill the specific (between 30 and 100 percent) a shortage situation may be located nominated situation. NIFA understands veterinarian must commit in order to anywhere (rural or non-rural) so long as that some public practice employment satisfactorily fill the specific nominated the veterinary service shortages to be opportunities that are shortage situation. Under the Type II nomination mitigated are consistent with the situations may be part-time positions. category, the expectation is that the ‘‘ For example, a veterinarian pursuing an definition of practice of food supply veterinarian may provide veterinary veterinary medicine.’’ The minimum 80 advanced degree (in a shortage services to other veterinary sectors (e.g., discipline area) on a part-time basis may percent time commitment is, in part, companion animal clientele) as a means recognition of the fact that occasionally also be employed by the university for of achieving financial viability. As with the balance of the veterinarian’s time to food animal veterinary practitioners are Type I nominations, the residence of the expected to meet the needs of other provide part-time professional veterinarian (VMLRP awardee) and/or veterinary service(s) such as teaching, veterinary service sectors such as the address of veterinary practice clientele owning companion and exotic clinical service, or laboratory animal employing the veterinarian may or may care; areas that may or may not also animals. Type I nominations are not fall within the geographic bounds of intended to address those shortage qualify as veterinary shortage situations. the designated shortage area. However, The 49 percent minimum therefore situations where the nominator believes the awardee is required to verify the a veterinarian can operate profitably provides flexibility to nominators specified minimum percent time wishing to certify public practice committing between 80 and 100 percent commitment (30 percent to 100 percent) time to food animal medicine activities shortage situations that would be to service within the specified ineligible under more stringent in the designated shortage area, given geographic shortage area. the client base and other socio- minimum percent time requirements. economic factors impacting viability of 5. Type III Shortage—Public Practice 6. Written Response Sections veterinary practices in the area. This Shortage (49%-Time or Greater Public generally corresponds to a shortage area Practice) a. Objectives of a veterinarian meeting this shortage situation. where clients can reasonably be SAHOs identifying this shortage type expected to pay for professional must, in the spaces provided, identify Within the allowed word limit the veterinary services and where food the ‘‘Employer’’ and the presumptive nominator should clearly state animal populations are sufficiently ‘‘Position Title’’, and check one or more overarching objectives the State hopes dense to support a (or another) of the appropriate boxes identifying the to achieve by placing a veterinarian in veterinarian. The personal residence of specialty/disciplinary area(s) being the nominated situation. Include the the veterinarian (VMLRP awardee) and nominated as a shortage situation. This minimum percent time commitment the address of veterinary practice is a broad nomination category (within the range of the shortage Type employing the veterinarian may or may comprising many types of specialized selected) the awardee is expected to not fall within the geographic bounds of veterinary training and employment devote to filling the specific food supply the designated shortage area. areas relating to food supply veterinary veterinary shortage situation. workforce capacity and capability. b. Activities of a veterinarian meeting 4. Type II Shortage—30 Percent or These positions are typically located in this shortage situation. Greater Private Practice Food Supply city, county, State and Federal Within the allowed word limit the Veterinary Medicine in a Rural Area (as Government, and institutions of higher nominator should clearly state the Defined) education. Examples of positions within principal day-to-day professional SAHOs identifying this shortage type the public practice sector include activities that would have to be must check one or more boxes university faculty and staff, veterinary conducted in order to achieve the indicating which specie(s) constitute the laboratory diagnostician, County Public objectives described in a) above. veterinary shortage situation. The Health Officer, State Veterinarian, State c. Past efforts to recruit and retain a shortage situation must be in an area Public Health Veterinarian, State veterinarian in the shortage situation. satisfying the definition of ‘‘rural.’’ The Epidemiologist, FSIS meat inspector, Within the allowed word limit the minimum 30 percent-time (12 hr/wk) Animal and Plant Health Inspection nominator should explain any prior commitment of an awardee to serve in Service (APHIS) Area Veterinarian in efforts to mitigate this veterinary service a rural shortage situation is in Charge (AVIC), and Federal Veterinary shortage, and prospects for recruiting recognition of the fact that there may be Medical Officer (VMO). veterinarian(s) in the future. some remote or economically depressed Veterinary shortage situations such as d. Risk of this veterinarian position rural areas in need of food animal those listed above are eligible for not being secured or retained. veterinary services that are unable to consideration under Type III Within the allowed word limit the support a practitioner predominately nomination. However, nominators nominator should explain the

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consequences of not addressing this will in turn facilitate fair comparison of recommended for designation as a veterinary shortage situation. the relative merits of each nomination shortage situation.’’ In the event of a e. Candidacy for a ‘‘service in by the evaluation panel. discrepancy between the primary emergency’’ agreement. While NIFA anticipates some reviewer’s scoring and the panel poll NIFA is not requesting information in arguments made in support of a given results, the VMLRP program manager support of this type of agreements at shortage situation will be qualitative, will be authorized to make the final this time. respondents are encouraged to present determination on the nomination’s verifiable quantitative and qualitative designation. C. NIFA Review of Shortage Situation evidentiary information where ever Nominations Done in Washington, DC this 24th day of possible. January, 2011. The maximum point value review 1. Review Panel Composition and Roger Beachy, Process panelists may award for each element is as follows: Director, National Institute of Food and NIFA will convene a panel of food 20 points: Describe the objectives of a Agriculture. supply veterinary medicine experts veterinarian meeting this shortage [FR Doc. 2011–1863 Filed 1–27–11; 8:45 am] from Federal and State agencies, as well situation as well as being located in the BILLING CODE P as institutions receiving Animal Health community, area, State/insular area, or and Disease Research Program funds position requested above. under section 1433 of the National 20 points: Describe the activities of a DEPARTMENT OF COMMERCE Agricultural Research, Extension, and veterinarian meeting this shortage Teaching Policy Act (NARETPA), who situation and being located in the International Trade Administration will review the nominations and make community, area, State/insular area, or recommendations to the NIFA Program position requested above. Initiation of Antidumping and Manager. NIFA explored the possibly of 5 points: Describe any past efforts to Countervailing Duty Administrative including experts from professional recruit and retain a veterinarian in the Reviews organizations for this process, but under shortage situation identified above. AGENCY: Import Administration, NARETPA section 1409A(e), panelists 35 points: Describe the risk of this International Trade Administration, for the purposes of this process are veterinarian position not being secured Department of Commerce. limited to Federal and State agencies or retained. Include the risk(s) to the SUMMARY: and cooperating State institutions (i.e., production of a safe and wholesome The Department of Commerce ‘‘ ’’ NARETPA section 1433 recipients). food supply and/or to animal, human, ( the Department ) has received requests The VMLRP Program Manager will and environmental health not only in to conduct administrative reviews of then review the recommendations and the community but in the region, State/ various antidumping and countervailing designate the VMLRP shortage insular area, nation, and/or duty orders and findings with December situations. The list of shortage situations international community. anniversary dates. In accordance with will be made available on the VMLRP An additional 20 points will be used our regulations, we are initiating those Web site at http://www.nifa.usda.gov/ by review panelists to evaluate overall administrative reviews. vmlrp. merit/quality of the case made for DATES: Effective Date: January 28, 2011. inclusion of each nomination in the list FOR FURTHER INFORMATION CONTACT: 2. Review Criteria of certified veterinary shortage Sheila E. Forbes, Office of AD/CVD Criteria used by the shortage situation situations. Operations, Customs Unit, Import nomination review panel and NIFA for Prior to the panel being convened, Administration, International Trade certifying a veterinary shortage situation shortage situation nominations will be Administration, U.S. Department of will be consistent with the information evaluated and scored according to the Commerce, 14th Street and Constitution requested in the shortage situations established scoring system by a primary Avenue, NW., Washington, DC 20230, nomination form. NIFA understands reviewer. When the panel convenes, the telephone: (202) 482–4697. that defining the risk landscape primary reviewer will present each SUPPLEMENTARY INFORMATION: associated with shortages of veterinary nomination orally in summary form. services throughout a State is a process After each presentation, panelists will Background that may require consideration of many have an opportunity, if necessary, to The Department has received timely qualitative and quantitative factors. In discuss the nomination, with the requests, in accordance with 19 CFR addition, each shortage situation will be primary reviewer leading the discussion 351.213(b), for administrative reviews of characterized by a different array of and recording comments. After the various antidumping and countervailing subjective and objective supportive panel discussion is complete, any duty orders and findings with December information that must be developed into scoring revisions will be made by and anniversary dates. a cogent case identifying, characterizing, at the discretion of the primary All deadlines for the submission of and justifying a given geographic or reviewer. The panel is then polled to various types of information, disciplinary area as one deficient in recommend, or not recommend, the certifications, or comments or actions by certain types of veterinary capacity or shortage situation for designation. the Department discussed below refer to service. To accommodate the Nominations scoring 70 or higher by the the number of calendar days from the uniqueness of each shortage situation, primary reviewer (on a scale of 0 to applicable starting date. the nomination form provides 100), and receiving a simple majority opportunities to present a case using vote in support of designation as a Notice of No Sales both supportive metrics and narrative shortage situation will be Under 19 CFR 351.213(d)(3), the explanations to define and explain the ‘‘recommended for designation as a Department may rescind a review where proposed need. At the same time, the shortage situation.’’ Nominations scoring there are no exports, sales, or entries of elements of the nomination form below 70 by the primary reviewer, and subject merchandise during the provide a common structure for the failure to achieve a simple majority vote respective period of review (‘‘POR’’) information collection process which in support of designation will be ‘‘not listed below. If a producer or exporter

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named in this notice of initiation had no single antidumping duty deposit rate. It equally to NME-owned firms, wholly exports, sales, or entries during the is the Department’s policy to assign all foreign-owned firms, and foreign sellers POR, it must notify the Department exporters of merchandise subject to an who purchase and export subject within 60 days of publication of this administrative review in an NME merchandise to the United States. notice in the Federal Register. The country this single rate unless an Entities that currently do not have a Department will consider rescinding the exporter can demonstrate that it is separate rate from a completed segment review only if the producer or exporter, sufficiently independent so as to be of the proceeding 1 should timely file a as appropriate, submits a properly filed entitled to a separate rate. Separate Rate Application to and timely statement certifying that it To establish whether a firm is demonstrate eligibility for a separate had no exports, sales, or entries of sufficiently independent from rate in this proceeding. In addition, subject merchandise during the POR. government control of its export companies that received a separate rate All submissions must be made in activities to be entitled to a separate in a completed segment of the accordance with 19 CFR 351.303 and rate, the Department analyzes each proceeding that have subsequently are subject to verification in accordance entity exporting the subject made changes, including, but not with section 782(i) of the Tariff Act of merchandise under a test arising from limited to, changes to corporate 1930, as amended (‘‘the Act’’). Six copies the Final Determination of Sales at Less structure, acquisitions of new of the submission should be submitted Than Fair Value: Sparklers from the companies or facilities, or changes to to the Assistant Secretary for Import People’s Republic of China, 56 FR 20588 their official company name,2 should Administration, International Trade (May 6, 1991), as amplified by Final timely file a Separate Rate Application Administration, Room 1870, U.S. Determination of Sales at Less Than to demonstrate eligibility for a separate Department of Commerce, 14th Street Fair Value: Silicon Carbide From the rate in this proceeding. The Separate and Constitution Avenue, NW., People’s Republic of China, 59 FR 22585 Rate Application will be available on Washington, DC 20230. Further, in (May 2, 1994). In accordance with the the Department’s Web site at http:// accordance with 19 CFR separate-rates criteria, the Department www.trade.gov/ia on the date of 351.303(f)(3)(ii), a copy of each request assigns separate rates to companies in publication of this Federal Register must be served on every party on the NME cases only if respondents can notice. In responding to the Separate Department’s service list. demonstrate the absence of both de jure Rate Status Application, refer to the and de facto government control over instructions contained in the Respondent Selection export activities. application. Separate Rate Status In the event the Department limits the All firms listed below that wish to Applications are due to the Department number of respondents for individual qualify for separate-rate status in the no later than 60 calendar days after examination for administrative reviews, administrative reviews involving NME publication of this Federal Register the Department intends to select countries must complete, as notice. The deadline and requirement respondents based on U.S. Customs and appropriate, either a separate-rate for submitting a Separate Rate Status Border Protection (‘‘CBP’’) data for U.S. application or certification, as described Application applies equally to NME- imports during the POR. We intend to below. For these administrative reviews, owned firms, wholly foreign-owned release the CBP data under in order to demonstrate separate-rate firms, and foreign sellers that purchase Administrative Protective Order eligibility, the Department requires and export subject merchandise to the (‘‘APO’’) to all parties having an APO entities for whom a review was United States. within seven days of publication of this requested, that were assigned a separate For exporters and producers who initiation notice and to make our rate in the most recent segment of this submit a separate-rate status application decision regarding respondent selection proceeding in which they participated, or certification and subsequently are within 21 days of publication of this to certify that they continue to meet the selected as mandatory respondents, Federal Register notice. The criteria for obtaining a separate rate. The these exporters and producers will no Department invites comments regarding Separate Rate Certification form will be longer be eligible for separate-rate status the CBP data and respondent selection available on the Department’s Web site unless they respond to all parts of the within five days of placement of the at http://www.trade.gov/ia on the date of questionnaire as mandatory CBP data on the record of the applicable publication of this Federal Register respondents. review. notice. In responding to the certification, please follow the Initiation of Reviews Separate Rates ‘‘Instructions for Filing the Certification’’ In accordance with 19 CFR In proceedings involving non-market in the Separate Rate Certification. 351.221(c)(1)(i), we are initiating economy (‘‘NME’’) countries, the Separate Rate Certifications are due to administrative reviews of the following Department begins with a rebuttable the Department no later than 60 days antidumping and countervailing duty presumption that all companies within after publication of this Federal Register orders and findings. We intend to issue the country are subject to government notice. The deadline and requirement the final results of these reviews not control and, thus, should be assigned a for submitting a Certification applies later than December 31, 2011.

Period to be reviewed

Antidumping Duty Proceedings ARGENTINA: Honey A–357–812 ...... 12/01/09–11/30/10 AGLH S.A.

1 Such entities include entities that have not shipper review, etc.) and entities that lost their 2 Only changes to the official company name, participated in the proceeding, entities that were separate rate in the most recently completed rather than trade names, need to be addressed via preliminarily granted a separate rate in any segment of the proceeding in which they a Separate Rate Application. Information regarding currently incomplete segment of the proceedings participated. new trade names may be submitted via a Separate (e.g., an ongoing administrative review, new Rate Application.

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Period to be reviewed

Algodonera Avellaneda S.A. Alimentos Naturales-Natural Foods Lavalle Alma Pura S.A. Apidouro Comercial Exportadora E Importadora Ltda Bomare S.A. Compania Apicola Argentina S.A. Compania Inversora Platense S.A. El Mana S.A. HoneyMax S.A. Industrial Haedo S.A. Interrupcion S.A. Mielar S.A. Miel Ceta SRL Nexco S.A. Patagonik SA Productos Afer S.A. Seabird Argentina S.A. TransHoney S.A. Villamore S.A. INDIA: Carbazole Violet Pigment 23 A–533–838 12/1/09–11/30/10 Meghmani Pigments 3 Certain Hot-Rolled Carbon Steel Flat Products A–533–820 ...... 12/1/09–11/30/10 Ispat Industries, Ltd. JSW Steel Limited Tata Steel Limited THE PEOPLE’S REPUBLIC OF CHINA: Carbazole Violet Pigment 23 4 A–570–892 12/1/09–11/30/10 Toyo Ink Mfg. Co., Ltd. Certain Cased Pencils 5 A–570–827 ...... 12/1/09–11/30/10 Beijing Fila Dixon Stationery Company, Ltd. a/k/a Beijing Dixon Ticonderoga Stationery Company, Ltd. a/k/a Bei- jing Dixon Stationery Company, Ltd. and Dixon Ticonderoga Company Shandong Rongxin Import & Export Co., Ltd. Hand Trucks and Parts Thereof 6 A–570–891 ...... 12/1/09–11/30/10 New-Tec Integration (Xiamen) Co., Ltd. Honey 7 A–570–863 ...... 12/1/09–11/30/10 Ahcof Industrial Development Corp., Ltd. Alfred L. Wolff (Beijing) Co., Ltd. Anhui Honghui Foodstuff (Group) Co., Ltd. Anhui Honghui Import & Export Trade Co., Ltd. Anhui Cereals Oils and Foodstuffs I/E (Group) Corporation Anhui Hundred Health Foods Co., Ltd. Anhui Native Produce Imp & Exp Corp. APM Global Logistics (Shanghai) Co. Baiste Trading Co., Ltd. Cheng Du Wai Yuan Bee Products Co., Ltd. Chengdu Stone Dynasty Art Stone Damco China Limited Qingdao Branch Dongtai Peak Honey Industry Co., Ltd. Eurasia Bee’s Products Co., Ltd. Feidong Foreign Trade Co., Ltd. Fresh Honey Co., Ltd. (formerly Mgl. Yun Shen) Golden Tadco Int’l Hangzhou Golden Harvest Health Industry Co., Ltd. Haoliluck Co., Ltd. Hengjide Healthy Products Co. Ltd. Hubei Yusun Co., Ltd. Inner Mongolia Altin Bee-Keeping Inner Mongolia Youth Trade Development Co., Ltd. Jiangsu Cereals, Oils Foodstuffs Import Export (Group) Corp. Jiangsu Kanghong Natural Healthfoods Co., Ltd. Jiangsu Light Industry Products Imp & Exp (Group) Corp. Jilin Province Juhui Import Maersk Logistics (China) Company Ltd. Nefelon Limited Company Ningbo Shengye Electric Appliance Ningbo Shunkang Health Food Co., Ltd. Ningxia Yuehai Trading Co., Ltd. Product Source Marketing Ltd. Qingdao Aolan Trade Co., Ltd. QHD Sanhai Honey Co., Ltd. Qinhuangdao Municipal Dafeng Industrial Co., Ltd. Renaissance India Mannite Shaanxi Youthsun Co., Ltd. Shanghai Bloom International Trading Co., Ltd. Shanghai Foreign Trade Co., Ltd.

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Period to be reviewed

Shanghai Hui Ai Mal Tose Co., Ltd. Shanghai Taiside Trading Co., Ltd. Shine Bal Co., Ltd. Sichuan-Dujiangyan Dubao Bee Industrial Co., Ltd. Silverstream International Co., Ltd. Sunnice Honey Suzhou Aiyi IE Trading Co., Ltd. Suzhou Shanding Honey Product Co., Ltd. Tianjin Eulia Honey Co., Ltd. Tianjin Weigeda Trading Co., Ltd. Wanxi Haohua Food Co., Ltd. Wuhan Bee Healthy Co., Ltd. Wuhan Shino-Food Trade Co., Ltd. Wuhu Anjie Food Co., Ltd. Wuhu Deli Foods Co. Ltd. Wuhu Fenglian Co., Ltd. Wuhu Qinshi Tangye Xinjiang Jinhui Food Co., Ltd. Youngster International Trading Co., Ltd. Zhejiang Willing Foreign Trading Co. Countervailing Duty Proceedings ARGENTINA: Honey C–357–813 ...... 1/1/10–12/31/10 INDIA: Certain Hot-Rolled Carbon Steel Flat Products C–533–821 ...... 1/1/10–12/31/10 Ispat Industries Limited Suspension Agreements None. 3 Successor-in-interest to Alpanil Industries (75 FR 62765, 10/13/2010). 4 If the above named company does not qualify for a separate rate, all other exporters of Carbazole Violet Pigment 23 from the People’s Re- public of China (‘‘PRC’’) who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 5 If one of the above named companies does not qualify for a separate rate, all other exporters of Certain Cased Pencils from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 6 If the above named company does not qualify for a separate rate, all other exporters of Hand Trucks and Parts Thereof from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 7 If one of the above named companies does not qualify for a separate rate, all other exporters of Honey from the PRC who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.

During any administrative review provisional-measures ‘‘gap’’ period, of Dated: January 24, 2011. covering all or part of a period falling the order, if such a gap period is Christian Marsh, between the first and second or third applicable to the POR. Deputy Assistant Secretary for Antidumping and fourth anniversary of the Interested parties must submit and Countervailing Duty Operations. publication of an antidumping duty applications for disclosure under [FR Doc. 2011–1958 Filed 1–27–11; 8:45 am] order under 19 CFR 351.211 or a administrative protective orders in BILLING CODE 3510–DS–P determination under 19 CFR 351.218(f)(4) to continue an order or accordance with 19 CFR 351.305. On suspended investigation (after sunset January 22, 2008, the Department DEPARTMENT OF COMMERCE review), the Secretary, if requested by a published Antidumping and domestic interested party within 30 Countervailing Duty Proceedings: International Trade Administration days of the date of publication of the Documents Submission Procedures; notice of initiation of the review, will APO Procedures, 73 FR 3634 (January [A–570–804] determine, consistent with FAG Italia v. 22, 2008). Those procedures apply to United States, 291 F.3d 806 (Fed. Cir. administrative reviews included in this Sparklers From the People’s Republic 2002), as appropriate, whether notice of initiation. Parties wishing to of China: Final Results of Sunset antidumping duties have been absorbed participate in any of these Review and Revocation of Order by an exporter or producer subject to the administrative reviews should ensure AGENCY: Import Administration, review if the subject merchandise is that they meet the requirements of these International Trade Administration, sold in the United States through an procedures (e.g., the filing of separate Department of Commerce importer that is affiliated with such letters of appearance as discussed in 19 exporter or producer. The request must CFR 351.101(d)). DATES: Effective Date: December 5, 2010. include the name(s) of the exporter or SUMMARY: On November 1, 2010, the producer for which the inquiry is These initiations and this notice are Department of Commerce (‘‘the requested. in accordance with section 751(a) of the Department’’) initiated the third sunset For the first administrative review of Tariff Act of 1930, as amended (19 review of the antidumping duty order any order, there will be no assessment U.S.C. 1675(a)), and 19 CFR on sparklers from the People’s Republic of antidumping or countervailing duties 351.221(c)(1)(i). of China (‘‘PRC’’). Because the domestic on entries of subject merchandise interested parties did not participate in entered, or withdrawn from warehouse, this sunset review, the Department is for consumption during the relevant revoking this antidumping duty order.

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FOR FURTHER INFORMATION CONTACT: within 90 days after the initiation of the ACTION: Notice of a public meeting. Jennifer Moats, AD/CVD Operations, review, issue a final determination Import Administration, International revoking the order. Because the SUMMARY: The Pacific Fishery Trade Administration, U.S. Department domestic interested parties did not file Management Council (Pacific Council) of Commerce, 14th Street and a notice of intent to participate in this will convene a meeting of the Ecosystem Constitution Avenue, NW., Washington, sunset review, the Department finds that Advisory Subpanel (EAS), which is DC 20230; telephone: (202) 482–5047. no domestic interested party is open to the public. SUPPLEMENTARY INFORMATION: On June participating in this sunset review. 18, 1991, the Department issued an Therefore, consistent with 19 CFR DATES: The EAS will meet on antidumping duty order on sparklers 351.222(i)(1)(i) and section 751(c)(3)(A) Wednesday, February 16, 2011, from the PRC. See Antidumping Duty of the Act, we are revoking this beginning at 8:30 a.m. and concluding at Order: Sparklers From the People’s antidumping duty order. The effective 5 p.m., or when business for the day is Republic of China, 56 FR 27946 (June date of revocation is December 5, 2010, completed. 18, 1991). On December 5, 2005, the the fifth anniversary of the date of ADDRESSES: The EAS meeting will be Department published its most recent publication in the Federal Register of held at the Hyatt Place—Portland continuation of the order. See the most recent notice of continuation of Airport, Meeting Place #3, 9750 NE. Continuation of Antidumping Duty this antidumping duty order. See Cascades Parkway, Portland, OR 97220; Order: Sparklers From the People’s 751(c)(6)(A)(iii) of the Act, and 19 CFR telephone: (503) 288–2808. Republic of China, 70 FR 72425 351.222(i)(2)(i). (December 5, 2005). On November 1, FOR FURTHER INFORMATION CONTACT: 2010, the Department initiated the Effective Date of Revocation Mike Burner, Staff Officer; telephone: current sunset review of this order. See Pursuant to sections 751(c)(3)(A) and (503) 820–2280. Initiation of Five-Year (‘‘Sunset’’) 751(c)(6)(A)(iii) of the Act, and 19 CFR SUPPLEMENTARY INFORMATION: Please Review, 75 FR 67082 (November 1, 351.222(i)(2)(i), the Department will 2010). instruct U.S. Customs and Border note, this is not a public hearing; it is We did not receive a notice of intent Protection (‘‘CBP’’) to terminate the a work session for the primary purpose to participate from domestic interested suspension of liquidation of the of reviewing a report of the Ecosystem parties in this sunset review by the merchandise subject to this order Plan Development Team (EPDT) and deadline date. As a result, in accordance entered, or withdrawn from warehouse, considering recommendations to the with 19 CFR 351.218(d)(1)(iii)(A), the on or after December 5, 2010. The Council on the development of an Department determined that no Department will issue instructions to Ecosystem Fishery Management Plan domestic interested party intends to CBP 15 days after publication of this (EFMP). At the September 2010 Council participate in the sunset review and, on notice. Entries of subject merchandise meeting, the Council tasked the EPDT November 22, 2010, we notified the prior to the effective date of revocation with a review of the Council’s four International Trade Commission, in will continue to be subject to fishery management plans (FMPs) to writing, that we intend to issue a final suspension of liquidation and identify existing ecosystem-based determination revoking this antidumping duty deposit requirements. principles as well as common antidumping duty order. See 19 CFR The Department will complete any management needs that may benefit 351.218(d)(1)(iii)(B)(2). pending administrative reviews of this from a coordinated overarching EFMP framework. The EPDT is meeting Scope of the Order order and will conduct administrative reviews of subject merchandise entered January 26–27, 2011 and plans to The products subject to this order are prior to the effective date of revocation provide its final report in advance of the fireworks each comprising a cut-to- in response to appropriately filed EAS meeting. The EPDT report is also length wire, one end of which is coated requests of review. scheduled to be included in the March with a chemical mix that emits bright This five-year (sunset) review and 2011 Council Briefing Book and be sparks while burning. Sparklers are notice are published in accordance with presented to the Council and its currently classified under subheadings sections 751(c) and 777(i)(1) of the Act. Advisory Bodies at the March 5–10, 3604.10.10.00, 3604.10.90.10, and 2011 Council meeting in Vancouver, Dated: January 19, 2011. 3604.10.90.50 of the Harmonized Tariff WA. EAS recommendations to the Schedule of the United States Ronald K. Lorentzen, Council on the development of an EFMP (‘‘HTSUS’’). Sparklers were formerly Deputy Assistant Secretary for Import are anticipated to be discussed on classified under HTSUS subcategory Administration. February 16th and may be presented to 3604.10.00. The Department has [FR Doc. 2011–1940 Filed 1–27–11; 8:45 am] the Council in March. reviewed the current categories and has BILLING CODE 3510–DS–P determined that sparklers are currently Although non-emergency issues not classified in the above subcategories. contained in the meeting agenda may Although HTSUS subheadings are DEPARTMENT OF COMMERCE come before the EAS for discussion, provided for convenience and customs those issues may not be the subject of purposes, the written description of the National Oceanic and Atmospheric formal EAS action during this meeting. merchandise under the order is Administration EAS action will be restricted to those dispositive. issues specifically listed in this notice RIN 0648–XA180 and any issues arising after publication Determination To Revoke Pacific Fishery Management Council of this notice that require emergency Pursuant to section 751(c)(3)(A) of the (Council); Public Meeting action under Section 305(c) of the Tariff Act of 1930, as amended (‘‘the Magnuson-Stevens Fishery Act’’) and 19 CFR AGENCY: National Marine Fisheries Conservation and Management Act, 351.218(d)(1)(iii)(B)(3), if no domestic Service (NMFS), National Oceanic and provided the public has been notified of interested party files a notice of intent Atmospheric Administration (NOAA), the intent to take final action to address to participate, the Department shall, Commerce. the emergency.

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Special Accommodations Regulatory Flexibility Act Certification NPA: Portco, Inc., Portsmouth, VA. Contracting Activity: Department of This meeting is physically accessible I certify that the following action will Transportation, Federal Aviation to people with disabilities. Requests for not have a significant impact on a Administration, Jamaica, NY. sign language interpretation or other substantial number of small entities. auxiliary aids should be directed to Mr. The major factors considered for this Deletion certification were: Kris Kleinschmidt at (503) 820–2280 at On 12/3/2010 (75 FR 75461–75462), least 5 days prior to the meeting date. 1. The action will not result in any additional reporting, recordkeeping or the Committee for Purchase From Dated: January 25, 2011. other compliance requirements for small People Who Are Blind or Severely Tracey L. Thompson, entities other than the small Disabled published notice of proposed Acting Director, Office of Sustainable organizations that will provide the deletion from the Procurement List. After consideration of the relevant Fisheries, National Marine Fisheries Service. services to the Government. [FR Doc. 2011–1925 Filed 1–27–11; 8:45 am] 2. The action will result in matter presented, the Committee has determined that the product listed BILLING CODE 3510–22–P authorizing small entities to provide the services to the Government. below is no longer suitable for 3. There are no known regulatory procurement by the Federal Government alternatives which would accomplish under 41 U.S.C. 46–48c and 41 CFR 51– COMMITTEE FOR PURCHASE FROM the objectives of the Javits-Wagner- 2.4. PEOPLE WHO ARE BLIND OR O’Day Act (41 U.S.C. 46–48c) in Regulatory Flexibility Act Certification SEVERELY DISABLED connection with the services proposed I certify that the following action will for addition to the Procurement List. Procurement List; Additions and not have a significant impact on a Deletion End of Certification substantial number of small entities. The major factors considered for this AGENCY: Committee for Purchase From Accordingly, the following services certification were: People Who Are Blind or Severely are added to the Procurement List: 1. The action will not result in Disabled. Services additional reporting, recordkeeping or ACTION: Additions to and deletion from Service Type/Location: Custodial Service, other compliance requirements for small the Procurement List. TSA, Central Illinois Regional Airport, entities. Airport Business Center, 2901 E Empire 2. The action may result in SUMMARY: This action adds services to Street, Bloomington, IL. authorizing small entities to furnish the the Procurement List that will be NPA: United Cerebral Palsy of the Land of product to the Government. provided by nonprofit agencies Lincoln, Springfield, IL. 3. There are no known regulatory employing persons who are blind or Contracting Activity: GSA, Public Buildings alternatives which would accomplish Service, Property Management Division, have other severe disabilities, and the objectives of the Javits-Wagner- Springfield, IL. O’Day Act (41 U.S.C. 46–48c) in deletes a product from the Procurement Service Type/Location: Mailroom Operation, List previously furnished by such IRS, 801 Tom Martin Drive, Birmingham, connection with the product deleted agency. AL. from the Procurement List. NPAs: ServiceSource, Inc., Alexandria, VA End of Certification DATES: Effective Date: 2/28/2011. (Prime Contractor). Alabama Industries ADDRESSES: Committee for Purchase for the Blind, Talladega, AL Accordingly, the following product is From People Who Are Blind or Severely (Subcontractor). deleted from the Procurement List: Disabled, Jefferson Plaza 2, Suite 10800, Contracting Activity: Dept of the Treasury, IRS/Contracts & Acquisition Division, Product 1421 Jefferson Davis Highway, Washington, DC. Tape, Pocket Duct. Arlington, Virginia 22202–3259. Service Type/Location: Janitorial Service, NSN: 5640–00–NIB–0005—2 in. x 5 YD. FOR FURTHER INFORMATION CONTACT: Bureau of Reclamation—Ephrata Field Office, NPA: Cincinnati Association for the Blind, Barry S. Lineback, Telephone: (703) 32 C Street, NW., Ephrata, WA. Cincinnati, OH. 603–7740, Fax: (703) 603–0655, or e- NPA: Good Works, Inc., Spokane, WA. Contracting Activity: General Services mail [email protected]. Contracting Activity: Dept of the Interior, Administration, New York, NY. Bureau of Land Management, ID–Boise SUPPLEMENTARY INFORMATION: District Office, Boise, ID. Barry S. Lineback, Service Type/Location: Military Environment Director, Business Operations. Additions Support, Program Executive Office for [FR Doc. 2011–1887 Filed 1–27–11; 8:45 am] On 11/26/2010 (75 FR 72815) and Simulation, Training and BILLING CODE 6353–01–P 12/3/2010 (75 FR 75461–75462), the Instrumentation (PEO STRI), 12350 Committee for Purchase From People Research Parkway, Orlando, FL. NPA: Able Forces, Inc, Front Royal, VA. COMMITTEE FOR PURCHASE FROM Who Are Blind or Severely Disabled Contracting Activity: Dept Of The Army, XR published notices of proposed additions W6EC PEO STRI Orlando, FL. PEOPLE WHO ARE BLIND OR to the Procurement List. Service Type/Location: Base Supply Center, SEVERELY DISABLED After consideration of the material 2000 Wyoming Boulevard, Kirtland AFB, presented to it concerning capability of NM. Procurement List; Proposed Additions qualified nonprofit agencies to provide NPA: San Antonio Lighthouse for the Blind, AGENCY: Committee for Purchase From San Antonio, TX. the services and impact of the additions People Who Are Blind or Severely on the current or most recent Contracting Activity: Dept of the Air Force, FA9401 377 CONS CC, Kirtland AFB, Disabled. contractors, the Committee has NM. ACTION: Proposed additions to the determined that the services listed Service Type/Location: Landscaping & Procurement List. below are suitable for procurement by Groundskeeping, FAA Potomac the Federal Government under 41 U.S.C. TRACON, 3699/3701 MacIntosh Drive, SUMMARY: The Committee is proposing 46–48c and 41 CFR 51–2.4. Warrenton, VA. to add services to the Procurement List

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that will be provided by nonprofit NPA: Central Association for the Blind & Matter To Be Considered agencies employing persons who are Visually Impaired, Utica, NY Compliance Status Report blind or have other severe disabilities. Contracting Activity: Dept of the Army, PR Comments Must be Received On or W2DF RDECOM Acquisition Center, The Commission staff will brief the Before: 2/28/2011. Aberdeen Proving Ground, MD Commission on the status of compliance Service Type/Location: Hospital ADDRESSES: Committee for Purchase matters. Housekeeping Service Ireland Army For a recorded message containing the From People Who Are Blind or Severely Community Hospital and associated Disabled, Jefferson Plaza 2, Suite 10800, latest agenda information, call (301) clinics 851 Ireland Loop Fort Knox, KY 504–7948. 1421 Jefferson Davis Highway, NPA: Professional Contract Services, Inc., Arlington, Virginia 22202–3259. Austin, TX CONTACT PERSON FOR MORE INFORMATION: FOR FURTHER INFORMATION OR TO SUBMIT Contracting Activity: Dept of the Army, XR Todd A. Stevenson, Office of the COMMENTS CONTACT: Barry S. Lineback, W40M Natl Region Contract OFC, Secretary, U.S. Consumer Product Telephone: (703) 603–7740, Fax: (703) Washington, DC Safety Commission, 4330 East West 603–0655, or e-mail Service Type/Location: Full Food Service Highway, Bethesda, MD 20814, (301) [email protected]. USMA Preparatory School West Point, 504–7923. NY Dated: January 25, 2011. SUPPLEMENTARY INFORMATION: This NPA: New Dynamics Corporation, notice is published pursuant to 41 U.S.C Middletown, NY Todd A Stevenson, 47(a)(2) and 41 CFR 51–2.3. Its purpose Contracting Activity: Mission And Secretary. is to provide interested persons an Installation Contracting Command— [FR Doc. 2011–2036 Filed 1–26–11; 4:15 pm] opportunity to submit comments on the West Point, NY BILLING CODE 6355–01–P proposed actions. The DoD contracting activity Additions identified its requirements as Full Food DEPARTMENT OF DEFENSE If the Committee approves the Service; therefore, as required, initially proposed additions, the entities of the offered this opportunity to the New Department of the Army Federal Government identified in this York State Commission for the Blind notice will be required to procure the and Visually Handicapped Business Board of Visitors, United States services listed below from nonprofit Enterprise Program (NYCBVH) under Military Academy (USMA) the Randolph-Sheppard Act (RSA). The agencies employing persons who are AGENCY: Department of the Army, DoD. blind or have other severe disabilities. NYCBVH notified the contracting activity via letters on November 2, 2010 ACTION: Meeting Notice. Regulatory Flexibility Act Certification and December 1, 2010, that they would SUMMARY: Under the provisions of the I certify that the following action will not be exercising its priority to provide Federal Advisory Committee Act of not have a significant impact on a the services under the RSA and would 1972, the Government in the Sunshine substantial number of small entities. not disturb the status quo if the project Act of 1976, and Federal regulations The major factors considered for this is awarded to another vendor. governing advisory committee meetings, certification were: Accordingly, after coordination with the the Department of Defense announces a 1. If approved, the action will not contracting activity, this project is being Federal advisory committee meeting for result in any additional reporting, considered for addition to the the United States Military Academy recordkeeping or other compliance AbilityOne Procurement List. Board of Visitors. This is the 2011 requirements for small entities other Service Type/Location: Base Operations Organizational Meeting of the USMA than the small organizations that will Support Service Directorate of Public Board of Visitors. Members of the Board provide the services to the Government. Works (DPW)/Directorate of Logistics will be provided updates on Academy 2. If approved, the action will result (DOL) Carlisle Barracks, Carlisle, PA issues. in authorizing small entities provide the NPA: The Chimes, Inc., Baltimore, MD services to the Government. Contracting Activity: Dept of the Army, DATES: Wednesday, February 16, 2011 at 3. There are no known regulatory Mission and Installation Command 12 p.m.–3:30 p.m. alternatives which would accomplish (MICC)—Fort Eustis (Joint Base Langley- ADDRESSES: Capitol Visitors Center, SVC Eustis), Fort Eustis, VA the objectives of the Javits-Wagner- 201/200, Washington, DC. O’Day Act (41 U.S.C. 46–48c) in Barry S. Lineback, FOR FURTHER INFORMATION CONTACT: The connection with the services proposed Director, Business Operations. Committee’s Designated Federal Officer for addition to the Procurement List. [FR Doc. 2011–1886 Filed 1–27–11; 8:45 am] or Point of Contact is Ms. Joy A. Comments on this certification are BILLING CODE 6353–01–P Pasquazi, (845) 938–5078, invited. Commenters should identify the [email protected]. statement(s) underlying the certification SUPPLEMENTARY INFORMATION: Under the on which they are providing additional provisions of the Federal Advisory information. CONSUMER PRODUCT SAFETY Committee Act of 1972 (5 U.S.C., End of Certification COMMISSION Appendix, as amended), the Government in the Sunshine Act of The following services are proposed Sunshine Act Meeting Notice 1976 (5 U.S.C. 552b, as amended), and for addition to Procurement List for 41 CFR 102–3.150, the Department of production by the nonprofit agencies TIME AND DATE: Wednesday, February 2, Defense announces that the following listed: 2011; 10 a.m.–11 a.m. Federal advisory committee meeting Services PLACE: Hearing Room 420, Bethesda will take place: Service Type/Location: Prime Vendor Towers, 4330 East West Highway, 1. Name of Committee: United States Support for Foreign Military Sales Bethesda, Maryland. Military Academy Board of Visitors. RDECOM Contracting Center—Aberdeen 2. Date: Wednesday, February 16, (Off-site: 507 Kent Street, Utica NY) STATUS: Closed to the Public. 2011.

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3. Time: 12 p.m.–3:30 p.m. Members Act of 1969, as implemented by the operate from conventional runways and of the public wishing to attend the Council on Environmental Quality aircraft carriers and includes stealth meeting will need to show photo regulations (40 Code of Federal features that makes it difficult to detect identification in order to gain access to Regulations [CFR] parts 1500–1508), the on radar. This aircraft will provide the the meeting location. All participants Department of the Navy (Navy) Navy with enhanced war-fighting are subject to security screening. announces its intent to prepare an capabilities while achieving efficiencies 4. Location: Capitol Visitors Center, Environmental Impact Statement (EIS) in operations and support. SVC 201/200, Washington, DC. to identify and evaluate the potential The proposed action would provide 5. Purpose of the Meeting: This is the environmental consequences associated facilities and functions to support 2011 Organizational Meeting of the with providing facilities and functions homebasing a total of one hundred (100) USMA Board of Visitors (BoV). to homebase the F–35C Joint Strike F–35C aircraft (seven squadrons of 10 Members of the Board will be provided Fighter (JSF) aircraft on the West Coast aircraft each, plus up to 30 aircraft in updates on Academy issues. of the United States. Under this the FRS) at the selected West Coast 6. Agenda: The Academy leadership proposal, a total of seven active-duty F/ homebasing location. By 2025, when the will provide the Board updates on the A–18C Hornet aircraft squadrons and program is complete, the 109 F/A–18C following: USMA mission, vision, one fleet replacement squadron (FRS) aircraft currently homebased at Naval priorities and initiatives, the Cadet will progressively transition from F/A– Air Station (NAS) Lemoore will have Leader Development System (CLDS), 18C Hornet aircraft to the more been replaced with 100 F–35C aircraft. and FY2011 budget. advanced F–35C JSF beginning in 2015. The selected homebase installation 7. Public’s Accessibility to the This transition will occur as a one-for- may require some construction, facility Meeting: Pursuant to 5 U.S.C. 552b and one replacement. The aging FA–18C renovations and utility upgrades in 41 CFR 102–3.140 through 102–3.165, Hornet aircraft are expected to be order to accommodate the new aircraft. and the availability of space, this replaced with F–35C aircraft by 2025. Facility construction and modification meeting is open to the public. Seating is The Navy will evaluate two basing would occur prior to and continue on a first-come basis. options (plus a no action alternative) to throughout the F–35C arrivals. The F– 8. Committee’s Designated Federal efficiently and economically transition 35C would operate within existing Officer or Point of Contact: Ms. Joy A. the F–35C aircraft into the fleet. This airspace and at existing training ranges. The purpose of the proposed action is Pasquazi, (845) 938–5078, basing action is consistent with past to replace aging Pacific Fleet FA–18C [email protected]. Navy strike-fighter homebasing actions. Hornet aircraft with the F–35C while Any member of the public is Dates and Addresses: Public scoping meeting the aircrews’ associated permitted to file a written statement meetings are scheduled to receive oral training and readiness requirements. with the USMA Board of Visitors. and/or written comments on The need for the proposed action is to Written statements should be sent to the environmental concerns that should be support the Navy’s Maritime Strategy by Designated Federal Officer (DFO) at: addressed in the EIS, as follows: maintaining strike fighter capability in United States Military Academy, Office 1. Tuesday, February 15, 2011, at the the Pacific Fleet with the more of the Secretary of the General Staff Southwest High School, 2001 Ocotillo advanced F–35C. (MASG), 646 Swift Road, West Point, Drive, El Centro, CA 92243 (located in NY 10996–1905 or faxed to the During the initial planning process to Imperial County, California). identify suitable homebase locations for Designated Federal Officer (DFO) at 2. Thursday, February 17, 2011, at (845) 938–3214. Written statements the F–35C, the Navy evaluated 134 Lemoore Senior Center, 789 South Department of Defense installations must be received no later than five Lemoore Avenue (18th Avenue), working days prior to the next meeting against the operational and facilities Lemoore, CA (located in Kings County, requirements necessary to support the in order to provide time for member California). consideration. By rule, no member of homebasing of the F–35C. Taking into Each meeting will occur from 5 p.m. account these requirements and the the public attending open meetings will to 8 p.m. The meetings will be an open be allowed to present questions from the purpose of and need for the proposed house format with informational action, the preliminary screening floor or speak to any issue under displays and materials available for consideration by the Board. process identified two potential west public review. The public will have an coast homebasing locations: NAS Brenda S. Bowen, opportunity to submit written Lemoore, located in Kings County, Army Federal Register Liaison Officer. comments on environmental concerns California and Naval Air Facility (NAF) that should be addressed in the U.S. [FR Doc. 2011–1885 Filed 1–27–11; 8:45 am] El Centro, located in Imperial County, Navy F–35C West Coast Homebasing BILLING CODE 3710–08–P California. EIS. Navy staff will be present at these In order to maximize efficiency of open houses to answer questions. support facilities, simulation devices DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: U.S. and on-site support personnel, the Navy Navy F–35C West Coast Homebasing intends to base all its west coast F–35C Department of the Navy EIS Project Manager; Naval Facilities aircraft at one location. Accordingly, Engineering Command, Southwest; 619– initial action alternatives to be Notice of Intent To Prepare an 532–2799. considered are basing seven F–35C fleet Environmental Impact Statement for SUPPLEMENTARY INFORMATION: As a squadrons and one F–35C FRS at either U.S. Navy F–35C West Coast replacement for the Navy’s aging F/A– NAS Lemoore or NAF El Centro. Homebasing and To Announce Public 18C Hornet aircraft, the U.S. Congress Additionally, the U.S. Navy F–35C West Scoping Meetings has authorized and appropriated for the Coast Homebasing EIS will evaluate a AGENCY: Department of the Navy, DoD. procurement of F–35C JSF, the next No Action Alternative at each of the ACTION: Notice. generation strike-fighter for the Navy. potential homebase locations to provide The F–35C is a highly advanced, single- a baseline for comparison and analysis SUMMARY: Pursuant to Section 102(2)(c) engine, single-seat, supersonic, multi- of the environmental consequences of the National Environmental Policy role strike-fighter aircraft that can associated with the basing alternatives.

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No decision will be made to DEPARTMENT OF EDUCATION Title of Collection: ED–524 Budget implement any alternative until the U.S. Information Non-Construction Programs Navy F–35C West Coast Homebasing Notice of Submission for OMB Review Form and Instructions. EIS process is completed and a Record OMB Control Number: 1894–0008. of Decision is signed by the Assistant AGENCY: Department of Education. Agency Form Number(s): Department Secretary of the Navy (Energy, ACTION: Comment request. of Education (ED) 524 Form. Installations and Environment) or Frequency of Responses: New awards. designee. SUMMARY: The Director, Information Affected Public: Private sector; Resource areas to be addressed in the Collection Clearance Division, businesses or other for-profit. Total Estimated Number of Annual U.S. Navy F–35C West Coast Regulatory Information Management Responses: 18,900. Homebasing EIS will include, but not be Services, Office of Management invites Total Estimated Annual Burden limited to: Air quality, noise comments on the submission for OMB Hours: 330,750. environment, land use, socioeconomics, review as required by the Paperwork Reduction Act of 1995 (Pub. L. 104–13). Abstract: The ED 524 form and infrastructure and community services, instructions are included in U.S. DATES: Interested persons are invited to natural resources, biological resources, Department of Education discretionary submit comments on or before February cultural resources, safety and grant application packages and are 28, 2011. environmental hazards. The analysis needed in order for applicants to submit will evaluate direct and indirect ADDRESSES: Written comments should summary-level budget data by budget impacts, and will account for be addressed to the Office of category, as well as a detailed budget cumulative impacts from other relevant Information and Regulatory Affairs, narrative, to request and justify their activities in the area of NAS Lemoore Attention: Education Desk Officer, proposed grant budgets which are part and NAF El Centro. Relevant and Office of Management and Budget, 725 of their grant applications. reasonable measures that could avoid or 17th Street, NW., Room 10222, New Requests for copies of the information mitigate environmental effects will also Executive Office Building, Washington, collection submission for OMB review be analyzed. Additionally, the Navy will DC 20503, be faxed to (202) 395–5806 or may be accessed from the RegInfo.gov undertake any consultations required by e-mailed to Web site at http://www.reginfo.gov/ all applicable laws or regulations. [email protected] with a public/do/PRAMain or from the The Navy is initiating the scoping cc: to [email protected]. Please note Department’s Web site at http:// process to identify community concerns that written comments received in edicsweb.ed.gov, by selecting the and issues that should be addressed in response to this notice will be ‘‘Browse Pending Collections’’ link and the U.S. Navy F–35C West Coast considered public records. by clicking on link number 4451. When Homebasing EIS. Federal, state, local SUPPLEMENTARY INFORMATION: Section you access the information collection, agencies, and interested parties and 3506 of the Paperwork Reduction Act of click on ‘‘Download Attachments’’ to persons are encouraged to provide 1995 (44 U.S.C. Chapter 35) requires view. Written requests for information comments on the proposed action that that the Office of Management and should be addressed to U.S. Department clearly describe specific issues or topics Budget (OMB) provide interested of Education, 400 Maryland Avenue, of environmental concern that the Federal agencies and the public an early SW., LBJ, Washington, DC 20202–4537. commenter believes that the Navy opportunity to comment on information Requests may also be electronically should consider. collection requests. The OMB is mailed to the Internet address Public scoping comments may be particularly interested in comments [email protected] or faxed to 202– submitted during the 45-day public which: (1) Evaluate whether the 401–0920. Please specify the complete comment period (from January 28, 2011 proposed collection of information is title of the information collection and through March 14, 2011). All comments necessary for the proper performance of OMB Control Number when making will receive the same attention and the functions of the agency, including your request. consideration in the preparation of the whether the information will have Individuals who use a EIS. Comments may be submitted either practical utility; (2) Evaluate the telecommunications device for the deaf orally or in writing at the two scheduled accuracy of the agency’s estimate of the (TDD) may call the Federal Information public scoping meetings; electronically burden of the proposed collection of Relay Service (FIRS) at 1–800–877– through the project Web site at: http:// information, including the validity of 8339. www.navyf35cwestcoasteis.com; and/or the methodology and assumptions used; [FR Doc. 2011–1929 Filed 1–27–11; 8:45 am] may be mailed to: U.S. Navy F–35C (3) Enhance the quality, utility, and BILLING CODE 4000–01–P West Coast Homebasing EIS Project clarity of the information to be Manager; Naval Facilities Engineering collected; and (4) Minimize the burden Command, Southwest (Code EV21/AK); of the collection of information on those DEPARTMENT OF ENERGY 1220 Pacific Highway, Bldg. 1, San who are to respond, including through Diego, CA 92132. All public scoping the use of appropriate automated, Notice of Availability of the Final Long- comments on the U.S. Navy F–35 West electronic, mechanical, or other Term Management and Storage of Coast Homebasing EIS, both written and technological collection techniques or Elemental Mercury Environmental oral, must be submitted or postmarked other forms of information technology. Impact Statement no later than March 14, 2011. Dated: January 25, 2011. AGENCY: Department of Energy. Dated: January 25, 2011. Darrin A. King, ACTION: Notice of availability. D.J. Werner, Director, Information Collection Clearance Lieutenant Commander, Judge Advocate Division, Regulatory Information SUMMARY: The Department of Energy General’s Corps, U.S. Navy, Federal Register Management Services, Office of Management. (DOE) announces the availability of the Liaison Officer. Final Long-Term Management and Office of the Secretary [FR Doc. 2011–1964 Filed 1–27–11; 8:45 am] Storage of Elemental Mercury BILLING CODE 3810–FF–P Type of Review: Extension. Environmental Impact Statement (DOE/

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EIS–0423, ‘‘Mercury Storage FEIS’’ or elemental mercury generated within the available for public review at the ‘‘FEIS’’). This FEIS, prepared in U.S. as required by the Act. To this end, locations listed below. accordance with the implementing DOE proposes to select one or more Colorado regulations under the National existing or new facilities for this Environmental Policy Act (NEPA), purpose. Existing facilities may need to Mesa County Library, 530 Grand evaluates the potential health and be modified. All facilities, whether Avenue, Grand Junction, CO 81502– environmental effects of storing a newly constructed or existing, must 5019, (970) 243–4442. projected total of up to 10,000 metric comply with applicable requirements of U.S. Department of Energy, Office of tons (11,000 tons) of elemental mercury 3 Section 5(d) of the Act, Management Legacy Management, 2597 B ⁄4 Road, at each of seven alternative sites across Standards for a Facility, including the Grand Junction, CO 81503, (970) 248– the U.S. The FEIS also addresses requirements of the Solid Waste 6089. comments received during the public Disposal Act, as amended by the comment period on the Draft EIS. The Resource Conservation and Recovery District of Columbia U.S. Environmental Protection Agency Act (RCRA). DOE is following the NEPA U.S. Department of Energy, Freedom of (EPA), the Texas Commission on process to identify candidate sites for Information Act Public Reading Environmental Quality (TCEQ), and the the facility(ies). EPA, TCEQ, and the Room, 1000 Independence Avenue, Mesa County, Colorado, Board of Mesa County, Colorado, Board of SW., Room 1G–033, Washington, DC Commissioners are cooperating agencies Commissioners are cooperating agencies 20585, (202) 586–5955. on this FEIS. on the EIS, which has been prepared DATES: DOE will issue a Record of pursuant to Council on Environmental Georgia Decision pursuant to the Mercury Quality NEPA implementing regulations Augusta State University, Reese Library, Storage FEIS no sooner than 30 days at 40 CFR Parts 1500–1508 and DOE 2500 Walton Way, Augusta, GA after publication of EPA’s notice of its NEPA Implementing Procedures at 10 30904, (706) 737–1745. availability in the Federal Register. CFR Part 1021. Savannah State University, Asa H. ADDRESSES: Based on a structured process Questions and requests for Gordon Library, 2200 Tompkins Road, described in the Draft EIS issued in printed or CD copies of the Summary or Savannah, GA 31404, (912) 356–2183. full FEIS may be directed to: Mr. David January 2010, as well as the FEIS, DOE Levenstein, EIS Document Manager, identified seven government and Idaho Office of Environmental Compliance, commercial sites as the range of U.S. Department of Energy, Public EM–41, U.S. Department of Energy, reasonable alternatives to be evaluated Reading Room, 1776 Science Center Germantown, Maryland 20874. in the EIS: DOE Grand Junction Disposal Drive, Idaho Falls, ID 83402, (208) The FEIS is available on the Site, Grand Junction, Colorado; DOE 526–0833. Department’s NEPA Web site at http:// Hanford Site, Richland, Washington; www.nepa.energy.gov. Printed copies Hawthorne Army Depot, Hawthorne, Missouri are also available at the public reading Nevada; DOE Idaho National rooms identified under SUPPLEMENTARY Laboratory, Idaho Falls, Idaho; DOE Mid-Continent Public Library, Blue INFORMATION. Kansas City Plant, Kansas City, Ridge Branch, 9253 Blue Ridge Boulevard, Kansas City, MO 64138, FOR FURTHER INFORMATION CONTACT: Missouri; DOE Savannah River Site, (816) 761–3382. Further information related to the EIS Aiken, South Carolina; and Waste can be obtained by contacting Mr. Control Specialists, LLC, Andrews, Nevada Levenstein at the address listed above. Texas. As required under NEPA, the Further information about DOE’s NEPA Draft EIS and FEIS also analyzed a No Mineral County Library, First & ‘‘A’’ process is available on the NEPA Web Action Alternative. Street, Hawthorne, NV 89415, (775) site at http://www.nepa.energy.gov or by DOE’s evaluation includes the 945–2778. contacting: Ms. Carol M. Borgstrom, facilities and their locations, along with New Mexico Director, Office of NEPA Policy and any construction, facility operations, Compliance (GC–54), U. S. Department and transportation to the storage Eunice Public Library, 1039 10th Street, of Energy, 1000 Independence Avenue, facility(ies). Consideration of potential Eunice, NM 88231, (575) 394–2336. SW., Washington, DC 20585. Telephone: locations includes climate, proximity of Oregon (202) 586–4600, or leave a message at human populations, and environmental (800) 472–2756. resource areas for each alternative, along Portland State University, Government SUPPLEMENTARY INFORMATION: The with the potential human health and Information, Branford Price Millar Mercury Export Ban Act of 2008 (the socioeconomic impacts. DOE has Library, 1875 SW. Park Avenue, Act) prohibits the export of elemental identified the Waste Control Specialists, Portland, OR 97201, (503) 725–5874. mercury from the U.S., effective January LLC, site as its preferred alternative. South Carolina 1, 2013 (subject to certain essential use DOE held a public comment period exemptions). Section 5 of the Act, Long- on the Draft EIS that extended from University of South Carolina-Aiken, Term Storage, directs DOE to designate January 29 through March 30, 2010, and Gregg-Graniteville Library, 471 a facility or facilities for the long-term held nine public hearings during this University Parkway, Aiken, SC 29801, management and storage of elemental period near the sites analyzed in the (803) 641–3320. mercury generated within the U.S. and, Draft EIS. DOE considered all public South Carolina State Library, 1500 by January 1, 2013, to have the facility comments received, including late Senate Street, Columbia, SC 29211, or facilities operational and ready to comments. The FEIS contains DOE’s (803) 734–8026. accept custody of such elemental responses. Texas mercury delivered there. Public Reading Rooms DOE thus needs to develop a Andrews County Library, 109 NW. 1st capability for the safe and secure long- Printed copies of the Mercury Storage Street, Andrews, TX 79714, (432) term management and storage of EIS and supporting technical reports are 523–9819.

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Washington • Adjourn with the Commission and is available U.S. Department of Energy, Public Breaks Taken As Appropriate for public inspection. a. Type of Application: Original Major Reading Room, Consolidated Public Participation: The EM SSAB, License. Information Center, 2770 University Paducah, welcomes the attendance of the public at its advisory committee b. Project No.: 13226–003. Drive, Room 101L, Richland, WA c. Date filed: November 1, 2010. 99352, (509) 372–7443. meetings and will make every effort to accommodate persons with physical d. Applicant: Blue Heron Hydro LLC. University of Washington, Suzzallo- e. Name of Project: Ball Mountain disabilities or special needs. If you Allen Library, Government Dam Hydroelectric Project. require special accommodations due to Publications Division, Seattle, WA f. Location: U.S. Army Corps of a disability, please contact Reinhard 98195, (206) 543–1937. Engineers Ball Mountain Dam on the Knerr as soon as possible in advance of Gonzaga University, Foley Center West River near the Town of Jamaica, the meeting at the telephone number Library, 101–L East 502 Boone, Windham County, Vermont. Spokane, WA 99258, (509) 313–5931. listed above. Written statements may be g. Filed Pursuant to: Federal Power filed with the Board either before or Issued in Washington, DC on January 24, Act, 16 U.S.C. 791 (a)–825(r). 2011. after the meeting. Individuals who wish h. Applicant Contact: Lori Barg, Blue to make oral statements pertaining to Ine´s R. Triay, Heron Hydro LLC, 113 Bartlett Road, agenda items should contact Reinhard Plainfield, Vermont 05667. (802) Assistant Secretary for Environmental Knerr at the telephone number listed Management. 454-1874. above. Requests must be received as [FR Doc. 2011–1892 Filed 1–27–11; 8:45 am] i. FERC Contact: Dr. Nicholas Palso, soon as possible prior to the meeting (202) 502–8854 or BILLING CODE 6450–01–P and reasonable provision will be made [email protected]. to include the presentation in the j. Deadline for filing motions to agenda. The Deputy Designated Federal DEPARTMENT OF ENERGY intervene and protests: 60 days from the Officer is empowered to conduct the issuance date of this notice. Environmental Management Site- meeting in a fashion that will facilitate All documents may be filed Specific Advisory Board, Paducah the orderly conduct of business. electronically via the Internet. See 18 Individuals wishing to make public CFR 385.2001(a)(1)(iii) and the AGENCY: Department of Energy (DOE). comments will be provided a maximum instructions on the Commission’s Web ACTION: Notice of open meeting. of five minutes to present their site (http://www.ferc.gov/docs-filing/ comments. This notice is being ferconline.asp) under the ‘‘eFiling’’ link. SUMMARY: This notice announces a published less than 15 days prior to the For a simpler method of submitting text meeting of the Environmental meeting date due to programmatic only comments, click on ‘‘eComment.’’ Management Site-Specific Advisory issues, logistical circumstances, and For assistance, please contact FERC Board (EM SSAB), Paducah. The members’ availability. This meeting is Online Support at Federal Advisory Committee Act (Pub. being rescheduled to replace the Board’s [email protected]; call toll- L. 92–463, 86 Stat. 770) requires that January 20, 2011, meeting which was free at (866) 208–3676; or, for TTY, public notice of this meeting be canceled due to winter weather contact (202) 502–8659. Although the announced in the Federal Register. conditions. Commission strongly encourages DATES: Thursday, February 3, 2011, Minutes: Minutes will be available by electronic filing, documents may also be 6 p.m. writing or calling Reinhard Knerr at the paper-filed. To paper-file, mail an ADDRESSES: Barkley Centre, 111 address and phone number listed above. original and eight copies to: Kimberly D. Memorial Drive, Paducah, Kentucky Minutes will also be available at the Bose, Secretary, Federal Energy 42001. following Web site: http:// Regulatory Commission, 888 First www.pgdpcab.energy.gov/ Street, NE., Washington, DC 20426. FOR FURTHER INFORMATION CONTACT: 2011Meetings.html. The Commission’s Rules of Practice Reinhard Knerr, Deputy Designated and Procedures require all intervenors Federal Officer, Department of Energy Issued at Washington, DC, on January 24, filing documents with the Commission Paducah Site Office, Post Office Box 2011. to serve a copy of that document on 1410, MS–103, Paducah, Kentucky LaTanya R. Butler, each person on the official service list 42001, (270) 441–6825. Acting Deputy Committee Management Officer. for the project. Further, if an intervenor SUPPLEMENTARY INFORMATION: Purpose of files comments or documents with the the Board: The purpose of the Board is [FR Doc. 2011–1900 Filed 1–27–11; 8:45 am] BILLING CODE 6450–01–P Commission relating to the merits of an to make recommendations to DOE–EM issue that may affect the responsibilities and site management in the areas of of a particular resource agency, they environmental restoration, waste DEPARTMENT OF ENERGY must also serve a copy of the document management and related activities. on that resource agency. Tentative Agenda: Federal Energy Regulatory k. This application has been accepted • Call to Order, Introductions, Review Commission for filing, but is not ready for of Agenda environmental analysis at this time. [Project No. 13226–003] • Deputy Designated Federal Officer’s l. Project Description: The Ball Comments Blue Heron Hydro LLC; Notice of Mountain Dam Hydroelectric Project • Federal Coordinator’s Comments Application Accepted for Filing and would utilize the U.S. Army Corps of • Liaisons’ Comments Soliciting Motions To Intervene and Engineers’ existing Ball Mountain Dam • Administrative Issues Protests and reservoir and would consist of: (1) • Presentations Two turbine generator modules located • Subcommittee Chairs’ Comments January 20, 2011. within the existing intake tower, each • Public Comments Take notice that the following containing 6 horizontal mixed flow • Final Comments hydroelectric application has been filed turbines directly connected to 6

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submersible generator units for a total All filings must (1) bear in all capital DATES: The consultation and comment installed capacity of 2,200 kilowatts; (2) letters the title ‘‘PROTEST’’ or ‘‘MOTION period begins today and will end April a new 12.47-kilovolt, 1,320-foot-long TO INTERVENE,’’ ‘‘NOTICE OF INTENT 28, 2011. Western will present a transmission line; and (3) appurtenant TO FILE COMPETING APPLICATION,’’ detailed explanation of the proposed facilities. The project would have an or ‘‘COMPETING APPLICATION;’’(2) set formula rates at a public information estimated average annual generation of forth in the heading the name of the forum that will be held on March 9, approximately 6,000 megawatt-hours. applicant and the project number of the 2011, at 9 a.m. MST. Western will m. A copy of the application is application to which the filing accept oral and written comments at a available for review at the Commission responds; (3) furnish the name, address, public comment forum that will be held in the Public Reference Room or may be and telephone number of the person on March 9, 2011, from 1 p.m. to no viewed on the Commission’s Web site at protesting or intervening; and (4) later than 2:30 p.m. MST. Western will http://www.ferc.gov using the ‘‘eLibrary’’ otherwise comply with the requirements accept written comments any time link. Enter the docket number excluding of 18 CFR 385.2001 through 385.2005. during the consultation and comment the last three digits in the docket Agencies may obtain copies of the period. number field to access the document. application directly from the applicant. ADDRESSES: The location for both the For assistance, contact FERC Online A copy of any protest or motion to public information forum and the public Support. A copy is also available for intervene must be served upon each comment forum is the Budweiser Events inspection and reproduction at the representative of the applicant specified Center, 5290 Arena Circle, Loveland, address in item h above. in the particular application. Colorado. Send written comments to You may also register online at Kimberly D. Bose, Mr. Bradley S. Warren, Regional http://www.ferc.gov/docs-filing/ Secretary. Manager, Rocky Mountain Region, esubscription.asp to be notified via [FR Doc. 2011–1716 Filed 1–27–11; 8:45 am] Western Area Power Administration, e-mail of new filings and issuances BILLING CODE 6717–01–P 5555 East Crossroads Boulevard, related to this or other pending projects. Loveland, CO 80538–8986, e-mail For assistance, contact FERC Online [email protected]. Western will Support. DEPARTMENT OF ENERGY post information about the rate process, n. Any qualified applicant desiring to as well as comments received via letter file a competing application must Western Area Power Administration and e-mail, on its Web site at http:// submit to the Commission, on or before www.wapa.gov/rm/ratesRM/2012/ the specified intervention deadline date, Loveland Area Projects—Western Area default.htm. Written comments must be a competing development application, Colorado Missouri Balancing received by the end of the consultation or a notice of intent to file such an Authority—Rate Order No. WAPA–155 and comment period to be considered application. Submission of a timely AGENCY: Western Area Power by Western in its decision process. notice of intent allows an interested Administration, DOE. FOR FURTHER INFORMATION CONTACT: Mrs. person to file the competing ACTION: Notice of Proposed Sheila D. Cook, Rates Manager, Rocky development application no later than Transmission and Ancillary Services Mountain Region, Western Area Power 120 days after the specified intervention Formula Rates. Administration, 5555 East Crossroads deadline date. Applications for Boulevard, Loveland, CO 80538–8986, preliminary permits will not be SUMMARY: The Western Area Power telephone (970) 461–7211, e-mail accepted in response to this notice. Administration (Western) is proposing [email protected]. A notice of intent must specify the to update its Loveland Area Projects SUPPLEMENTARY INFORMATION: The exact name, business address, and (LAP) Transmission and Western Area existing formula-based rates approved telephone number of the prospective Colorado Missouri (WACM) Balancing under Rate Order WAPA–106 1 became applicant, and must include an Authority Ancillary Services formula effective on March 1, 2004, with an unequivocal statement of intent to rates. Current formula rates, under Rate expiration date of February 28, 2009. submit a development application. A Schedules L–FPT1, L–NFPT1, L–NT1, The rate schedules, with the exception notice of intent must be served on the L–AS1, L–AS2, L–AS3, L–AS4, L–AS5, of Rate Schedule L–AS3, Regulation and applicant(s) named in this public notice. L–AS6 and L–AS7, have been extended Frequency Response, were extended Anyone may submit a protest or a and will expire on February 28, 2013. through February 28, 2011, under Rate motion to intervene in accordance with Pursuant to Western’s revised Open Order No. WAPA–141.2 Rate Schedule the requirements of Rules of Practice Access Transmission Tariff (OATT), L–AS3 was revised and approved under and Procedure, 18 CFR 385.210, which was effective December 1, 2009, Rate Order No. WAPA–118,3 which 385.211, and 385.214. In determining Western is also proposing new formula became effective June 1, 2006, with an the appropriate action to take, the rates for Generator Imbalance Service expiration date of May 31, 2011. All Commission will consider all protests and Unreserved Use Penalties. Western Transmission and Ancillary Services filed, but only those who file a motion has prepared a brochure that provides rate schedules, including the Regulation to intervene in accordance with the detailed information on the proposed and Frequency Response Service Commission’s Rules may become a formula rates to all interested parties. If schedule, were extended through party to the proceeding. Any protests or adopted, the proposed formula rates, February 28, 2013, under Rate Order No. motions to intervene must be received under Rate Schedules L–FPT1, L– on or before the specified deadline date NFPT1, L–NT1, L–AS1, L–AS2, L–AS3, 1 WAPA–106 was approved by FERC on a final for the particular application. L–AS4, L–AS5, L–AS6, L–AS7, L–AS9 basis on January 31, 2005, in Docket No. EF–04– When the application is ready for and L–AS10, would be in effect from 5182–000 (110 FERC ¶ 62,084). environmental analysis, the October 1, 2011, through September 30, 2 WAPA–141 Extension of Rate Order No. WAPA Commission will issue a public notice 2016, or until superseded. Publication 106, 2-year extension through February 28, 2011. 73 FR 48382, August 19, 2008. requesting comments, of this Federal Register notice begins 3 WAPA–118 was approved by FERC on a final recommendations, terms and the formal process for consideration of basis on November 17, 2006, in Docket No. EF–06– conditions, and prescriptions. the proposed formula rates. 5182–000 (117 FERC ¶ 62,163).

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WAPA–154.4 The current rate schedules The load ratio share is based on the Proposed Formula Rate for Non-Firm contain formula-based rates that are 12-month average of the network Point-to-Point Transmission Service recalculated annually using updated customer’s hourly load coincident with Western proposes no change in the financial and load information. The the LAP monthly transmission system rate formula for Non-Firm Point-to-Point proposed rates continue this approach. peak. See discussion below on the Transmission Service, Rate Schedule L– If adopted, these proposed formula- calculation of the Annual Transmission NFPT1. The proposed monthly Non- based rates would be in effect October Revenue Requirement (ATRR). Firm Point-to-Point Transmission 1, 2011, through September 30, 2016. Proposed Formula Rate for Firm Point- Service rate formula is the same as the This Federal Register notice describes monthly Firm Point-to-Point to-Point Transmission Service each service and contains a Rate Transmission Service rate. Non-Firm Comparison Table for quick reference. Western proposes no change in the Point-to-Point Transmission Service is Proposed Formula Rate for Network rate formula for Firm Point-to-Point available for periods ranging from 1 Transmission Service Transmission Service, Rate Schedule L– hour to 1 month. 1 The proposed formula for calculating FPT1. The monthly rate is ⁄12 of the Proposed Annual Transmission the Network Transmission Service rate, ATRR divided by the 12-month average Revenue Requirement of the system peak load of the LAP Rate Schedule L–NT1 is unchanged The proposed ATRR would be transmission system. from the current formula: applicable to both Network and Point- Monthly Charge = 1⁄12 × Annual to-Point Transmission Service. The Transmission Revenue Requirement formula for calculating the ATRR would × Customer Load Ratio Share be unchanged from the current formula:

The Annual Transmission Cost is the Investment Cost for All Facilities include operations and maintenance, ratio of Net Investment Cost for multiplied by the Total Annual Costs for interest and depreciation expenses. The Transmission Facilities to Net All Facilities. Total Annual Costs calculation is:

This represents a change in how the identified as ‘‘transmission’’, including and short- and long-term firm inputs for the rate are developed. allocated costs for communication and transmission sales; Scheduling, System Currently, the Annual Transmission maintenance facilities, are used in Control, and Dispatch (SSCD) Service; Cost is derived by multiplying the Net developing the Annual Transmission Unreserved Use Penalties; and facility Investment Cost for Transmission Cost. The investment costs of facilities charges for transmission facility Facilities by a fixed charge rate. identified as ‘‘sub-transmission’’ and investments included in the revenue The Net Investment Cost for ‘‘distribution’’ are excluded from the requirement. Transmission Facilities would be ATRR, as the LAP sub-transmission and distribution systems are used primarily Proposed Change to Forward-Looking determined by an analysis of the LAP Transmission Rates Transmission System. Each LAP facility for delivery of Federal power to Federal is classified by function: transmission, customers. If a transmission customer Western proposes to change the sub-transmission, distribution, or requires the use of the sub-transmission method it uses to calculate the ATRR to generation-related. The facilities or distribution systems, an additional recover transmission expenses and identified as performing the function of facility-use charge will be assessed. All investments on a current basis rather transmission include all transmission costs of the Fryingpan-Arkansas Project than a historical basis. The change lines that are normally operated in a are considered generation-related and, Western proposes would allow it to continuously-looped manner and the therefore, are excluded from the ATRR. more accurately match cost recovery associated substations and switchyard The transmission expenses which with cost incurrence. Western would facilities. In the LAP Transmission increase transmission system capacity use projections to estimate transmission System, these are primarily the 115-kV would continue to include payments costs and load for the upcoming year in and the 230-kV transmission lines. In made to others for their systems’ the annual rate calculation. Currently, addition, a portion of the augmentation of the LAP Transmission the rate calculation for a year uses communication and maintenance System. Miscellaneous Revenue Credits actual data from 2 years prior to that facilities is included in the investment and Revenue Credits for Existing year. The proposed method would be a costs for transmission. Only the Contracts would include, but not be change in the manner in which the investment costs of the facilities limited to, non-firm, discounted firm, inputs for the rate are developed, rather

4 WAPA–154 Extension of Rate Order Nos. WAPA–106 and WAPA–118. 76 FR 1429, January 10, 2011.

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than a change to the formula rate itself. reserved capacity at any point of receipt be required to pay for all ancillary When actual cost information for a year or any point of delivery. services identified in Western’s OATT becomes available, Western would Western proposes that a transmission based on the amount of transmission calculate the actual revenue customer that engages in Unreserved service it used and did not reserve. requirement. Revenue collected in Use be assessed a penalty charge of 200 Unreserved Use Penalties collected excess of Western’s actual revenue percent of Western’s approved over and above the base Point-to-Point requirement would be included as a transmission service rate for Point-to- Transmission Service charge would be credit in the ATRR in a subsequent year. Point Transmission Service as follows: credited against the LAP ATRR in a Similarly, any under-collection of the (i) The Unreserved Use Penalty for a subsequent year. revenue requirement would be single hour of Unreserved Use would be based upon the rate for daily Firm Proposed Rate Schedule for recovered in a subsequent year. This Transmission Losses Service true-up procedure would ensure that Point-to-Point Service. Western recovers no more and no less (ii) The Unreserved Use Penalty for The proposed rate schedule for than the actual transmission costs for more than one assessment for a given Transmission Losses Service, Rate the year. For example, as FY 2012 actual duration (e.g., daily) would increase to Schedule L–AS7, is unchanged, except financial data becomes available during the next longest duration (e.g., weekly). that losses settled financially would use FY 2013, the under- or over-collection (iii) The Unreserved Use Penalty WACM pricing rather than LAP pricing. of revenue during FY 2012 can be charge for multiple instances of The loss rate is updated periodically determined. When the rates are Unreserved Use (e.g., more than one and posted on the Rocky Mountain hour) within a day would be based on recalculated for FY 2014, the Region (RMR) Open Access Same Time the rate for daily Firm Point-to-Point implemented rates would include an Information System Web site. Service. Multiple instances of Transmission Losses are assessed for all adjustment for revenue under- or over- Unreserved Use isolated to one calendar real-time and prescheduled transactions collected in FY 2012. week would result in a penalty based on on transmission facilities managed by Proposed Penalty Rate for Unreserved the charge for weekly Firm Point-to- RMR or inside the WACM Balancing Use of Transmission Service Point Service. The penalty charge for Authority. Transmission Customers are multiple instances of Unreserved Use allowed the option of financial Unreserved Use of Transmission during more than one week during a settlement or energy repayment. Energy Service (Unreserved Use) under the calendar month would be based on the repayment is either concurrently or 7 proposed Rate Schedule L–AS10 is charge for monthly Firm Point-to-Point days later. Financial settlement is based provided when a transmission customer Service. on WACM pricing. uses transmission service it has not A transmission customer that exceeds reserved or that exceeds its reserved its firm reserved capacity at any point Proposed Formula Rate for Scheduling, capacity. Western proposes to assess of receipt or point of delivery, or an System Control and Dispatch Service Unreserved Use Penalties against a eligible customer that uses transmission The proposed formula for SSCD transmission customer that has not service at a point of receipt or point of Service, Rate Schedule L–AS1, would secured reserved capacity or exceeds its delivery that it has not reserved, would be as follows:

This formula represents a change from However, Schedules for delivery of transmission segment would be exempt the prior formula. In the past, RMR Transmission Losses would no longer be from billing, as costs for these segments included some salaries, facility costs, included in the calculation of the rate, would be included in the LAP and information technology support nor would they be invoiced. This would Transmission Service. Currently, the costs for the Automatic Generation allow customers to submit an unlimited last transmission provider inside the Control, Switching, Transmission number of loss tags, which permits the WACM Balancing Authority is charged Planning and Operations Management Balancing Authority to relate the loss for the entire cost of the tag unless one groups in the formula, viewing the rate tags to their specific scheduled of the transmission segments is Federal as encompassing all of system control transactions, without the customers transmission. In that case, no charge is and dispatch. Under the proposed being charged for these separate tags. assessed. formula, the Annual Cost of Scheduling Western is also proposing a change in Personnel and Related Costs would the implementation of this rate. As Proposed Formula Rate for Reactive capture costs primarily for scheduling SSCD Service is one that transmission Supply and Voltage Control From but would exclude costs for system providers must obtain from the Generation or Other Sources Service control and dispatch. Those costs would Balancing Authority, Western would (VAR Support) be captured in other rates. The change allocate the cost of each schedule in the formula reflects the philosophy equally among all transmission The proposed formula for calculating that this rate should recover only the providers listed on the tag that are the revenue requirement for VAR costs of providing scheduling/tagging inside the WACM Balancing Authority. service, Rate Schedule L–AS2, is service. The denominator would Western would charge all non-Federal unchanged from Western’s current continue to be the yearly total of daily transmission providers for their formula: tags which result in a schedule. allocated costs. Any Federal

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TARRG = Total Annual Revenue multiplied by the complement of the Federal entitlement. The charge for Requirement for Generation weighted average power factor rating for transmission of a customer’s Federal % of Resource = Percentage of Resource generating units. For example, if the entitlement would be included in the Capacity Used for VAR Support weighted average power factor is 98 customers’ firm electric service charges. The numerator captures the percent, the numerator would include 2 Credit may be given to those customers percentage of annual generation plant percent of the TARRG. This is a change with generators providing the WACM costs which are used for this service. in the process for collecting data inputs Balancing Authority with VAR support. Net generation plant costs are to the formula rate. In the current multiplied by a fixed charge rate for formula rate, the percentage of resource Proposed Formula Rate for Regulation generation to determine the TARRG. for a unit is calculated by measuring and Frequency Response Service The percentage of TARRG which is actual production of volt-amperes (Regulation Service) included in the revenue requirement reactive and dividing by the unit would be based on the nameplate nameplate power capability. The rate is The proposed formula for Regulation capability of the generating units with applicable to all transmission Service, Rate Schedule L–AS3, would regard to reactive and real power transactions inside the WACM have 4 components: production. The TARRG would be Balancing Authority in excess of any (1) Load-based Assessment.

The rate applies to all entities’ Regulation Service Rate is calculated by (3) Self-Provision Using Automatic auxiliary load (total metered load less multiplying the annual unit cost by the Generation Control (AGC). Western Federal entitlements) plus the amount of capacity required for allows entities with automatic or nameplate of intermittent resources regulation. The capacity required for manual generation control to self- serving load inside the WACM regulation is subject to re-evaluation provide for all or a portion of their Balancing Authority. Restricting this every year. loads. Entities with generation control service to intermittent resources serving (2) Exporting Intermittent Resource are known as Sub-Balancing Authorities load inside the WACM Balancing Requirement. An entity that exports the (SBA) and must meet all of the Authority is a change from the current output from an intermittent resource to following criteria: A well-defined rate. See ‘‘Exporting Intermittent another balancing authority will be boundary, with revenue-quality Resource Requirement’’ below. required to dynamically meter or metering that is approved by the WACM Otherwise, the formula is unchanged. Balancing Authority, accurate as The revenue requirement will include dynamically schedule that resource out of the WACM Balancing Authority to defined by NERC, and which includes such costs as plant costs, purchases of megawatt (MW) flow data availability at a regulation product, purchases of another balancing authority. An intermittent resource is a generator that 6-second or smaller intervals; AGC power in support of the units’ ability to capability; and Demonstrated regulate, purchases of transmission for is not dispatchable and cannot store its fuel source and, therefore, cannot Regulation Service capability. regulating units that are trapped Self-provision would be measured by respond to changes in system demand geographically inside another balancing use of the entity’s 1-minute average or to transmission security constraints. authority, purchases of transmission Area Control Error (ACE) to determine required to relocate energy due to Western supports the installation of the amount of Self-provision. The regulation/load following issues, and renewable sources of energy but assessment would be calculated every lost sales opportunities resulting from recognizes that certain operational hour and the value of ACE would be the requirement to generate at night to constraints exist in managing the used to calculate Regulation Service permit units to have ‘down’ regulating significant fluctuations that are a normal charges as follows: capability. part of their operation. Western has a. If the entity’s 1-minute average ACE The methodology for determining marketed the maximum practical is ≤ than 0.5 percent of the entity’s annual plant costs is unchanged. First, amount of power from its projects, hourly average load, no Regulation the annual costs for plants used to leaving little flexibility for additional Service charges would be assessed by regulate is calculated by multiplying the balancing authority services. the WACM Balancing Authority. net plant costs by the fixed charge rate Consequently, Western will not regulate b. If the entity’s 1-minute average ACE for generation. Then, the annual cost per for the difference between the output of is > 1.5 percent of the entity’s hourly unit of capacity for regulating plants is an intermittent generator located inside average load, the WACM Balancing calculated by dividing the annual plant the WACM Balancing Authority and a Authority would assess Regulation costs by the capacity of those plants. delivery schedule from that generator Service charges to the entity’s entire Next, the portion of the total annual serving load located outside the WACM load, using the Load-based Regulation plant costs to be recovered in the Balancing Authority. Service rate.

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c. If the entity’s 1-minute average ACE imbalance is a net under-delivery, the WACM Balancing Authority and a is > 0.5 percent of the entity’s hourly purchase pricing will be used. delivery schedule from that generator average load, but < 1.5 percent of the (2) Imbalances between 1.5 percent serving load located outside the WACM entity’s hourly average load, the WACM and 7.5 percent of metered load (or 4 to Balancing Authority. Intermittent Balancing Authority would assess 10 MW, whichever is greater) would be generators serving load outside the Regulation Service charges based on settled financially at 90 percent of the WACM Balancing Authority would be linear interpolation of zero charge and WACM Balancing Authority hourly required to dynamically meter or full charge, using the Load-based sales price for over-scheduling dynamically schedule their generation Regulation Service rate. imbalances or 110 percent of the WACM to another balancing authority. An This represents a change from the Balancing Authority hourly purchase intermittent resource is a generator that current formula. Under the current price for under-scheduling imbalances. is not dispatchable and cannot store its formula rate, the customer has the (3) Imbalances greater than 7.5 fuel source and, therefore, cannot option of measuring Self-provision by percent of metered load (or 10 MW, respond to changes in system demand use of either the 1-minute average of its whichever is greater) would be settled or to transmission security constraints ACE or the 1-minute average of the first financially at 75 percent of the WACM (see discussion on the proposed formula derivative of its ACE. Balancing Authority hourly sales price rate for Regulation Service). Western will monitor the entity’s Self- for over-scheduling imbalances or 125 The formula rate for Generator provision on a regular basis. If Western percent of the WACM Balancing Imbalance Service would be identical to determines that the entity has not been Authority hourly purchase price for that for Energy Imbalance Service, with attempting to self-regulate, Western under-scheduling imbalances. the following exceptions: will, upon notification, employ the Western is proposing to assess an (1) Bandwidths would be calculated Load-based Assessment described in (1) administrative charge on each monthly as a percentage of metered generation, above. settlement under this service. Western since there is no load. would establish a pool of costs to be (4) Other Self- or Third-party Supply. (2) Intermittent resources would be recovered to include, but not be limited Western may allow an entity to supply exempt from the outer bandwidth. All to, salaries for personnel administering some or all of its required regulation or deviations greater than 1.5 percent of this service. Western would then contract with a third party to do so, metered generation will be subject only calculate the ratio of this amount to the even without well-defined boundary to a 10 percent penalty. absolute value of all Energy Imbalance metering. The WACM Balancing In any hour, Western may charge a Service settlements for the most current Authority will evaluate the entity’s customer a penalty for either Generator year for which data is available. This metering, telecommunications and Imbalance Service under Rate Schedule percentage will be applied to the regulating resource, as well as the L–AS9 or Energy Imbalance Service amount of each monthly settlement, required level of regulation, and under Rate Schedule L–AS4, but not reducing payments and increasing determine whether the entity qualifies both, unless the imbalances aggravate charges to the customer. to Self-supply under this provision. rather than offset each other. This is a new provision under the Proposed Formula Rate for Generator Generator Imbalance Service proposed formula rate. Imbalance Service calculations would be included with Proposed Formula Rate for Energy Western is proposing a new Generator Energy Imbalance Service calculations Imbalance Service Imbalance Service Formula Rate, Rate in the allocation of a single pool of Schedule L–AS9, pursuant to FERC administrative costs. Western proposes to revise its formula guidelines. This service would be Proposed Rate Schedules for Operating rate for Energy Imbalance Service, Rate provided to the following customers: Schedule L–AS4, to be more consistent Reserves Service—Spinning and (1) Multi-party generators whose Supplemental with Federal Energy Regulatory output is shared by several entities. If Commission (FERC) guidelines. the operator of the generator prefers, the The proposed rate schedules for Currently, Western calculates generator’s output will be allocated Spinning and Supplemental Reserves, imbalances in two deviation bands and among the unit participants and Rate Schedules L–AS5 and L–AS6 are assesses a 25 percent penalty for hourly included in the Energy Imbalance unchanged. The WACM Balancing deviations in excess of 5 percent of Service calculations for those Authority has no reserves available for metered load. Western proposes to participants. sale. However, at a customer’s request, implement a penalty and bandwidth (2) Intermittent resources serving load the WACM Balancing Authority will structure with 3 deviation bands as inside the WACM Balancing Authority. purchase reserves and, if necessary, follows: An entity’s solely-owned non- activation energy and pass the cost, plus (1) Imbalances of less than or equal to intermittent resource inside the WACM a fee for administration, through to the 1.5 percent of metered load (or 4 MW, Balancing Authority would be included customer. For all reserves purchased, whichever is greater) would be settled in the entity’s Energy Imbalance Service the customer will be responsible for financially at 100 percent of the WACM calculation. purchasing adequate transmission to Balancing Authority pricing for that Western has marketed the maximum support the purchase. hour. Each hour will stand on its own— amount of capacity from its projects, Rate Comparison there will be no monthly netting. There leaving little flexibility for additional is no change in the use of pricing. If the WACM Balancing Authority services. Following is a table which compares WACM Balancing Authority aggregate Consequently, Western will not regulate the proposed formula rates for FY 2012 imbalance is a net over-delivery, sales for the difference between the output of with the current formula rates for FY pricing will be used; if the aggregate an intermittent generator located within 2011:

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FORMULA RATE COMPARISON TABLE

Class of service Proposed Rate Schedule and estimated rate Existing Rate Schedule and rate effective October effective October 1, 2011 1 (FY 2012) 1, 2010 (FY 2011)

Network Transmission Service ...... L–NT1 L–NT1. Load ratio share of 1/12 of the revenue requirement Load ratio share of 1/12 of the revenue requirement of $56,146,133 of $48,000,660. Firm Point-to-Point Transmission L–FPT1 L–FPT1. Service. $3.45/kW-month $3.18/kW-month Unauthorized Use Penalty of 150% of demand charge, with a maximum of monthly service. Non-Firm Point-to-Point Trans- L–NFPT1 L–NFPT1. mission Service. Maximum of 4.73 mills/kWh Maximum of 4.17 mills/kWh Unauthorized Use Penalty of 150% of demand charge, with a maximum of monthly service. Scheduling, System Control, and L–AS1 L–AS1. Dispatch Service. $24.03 per schedule per day for non-transmission $38.30 per tag per day for non- transmission cus- customers. tomers. Reactive Supply and Voltage Con- L–AS2 L–AS2. trol from Generation or Other $0.318/kW-month $0.180/kW-month. Sources Service. Regulation and Frequency Re- L–AS3 L–AS3. sponse Service. $0.322/kW-month $0.339/kW-month. Energy Imbalance Service ...... L–AS4 L–AS4. —Imbalances less than or equal to 1.5% (min- —Imbalances less than or equal to 5% (minimum 4 imum 4 MW) of metered load settled using MW) of metered load settled using WACM pricing WACM hourly pricing with no penalty. with no penalty. —Imbalances 1.5% to 7.5% (minimum 4 MW —Imbalances greater than 5% of metered load to 10 MW) of metered load settled using settled using WACM pricing with a 10% penalty. WACM hourly pricing with a 10% penalty. —Imbalances greater than 7.5% (minimum 10 MW) of metered load settled using WACM hour- ly pricing with a 25% penalty. —Administrative fee charged on every settle- ment. Operating Reserves Service—Spin- L–AS5, L–AS6 L–AS5, L–AS6. ning and Supplemental. Long-term reserves are not available from WACM. Long-term reserves are not available from WACM. Reserves may be provided on a pass-though Reserves may be provided on a pass-though cost, plus an amount for administration. cost, plus an amount for administration. Transmission Losses Service ...... L–AS7 L–AS7 Transmission losses may be settled either finan- Transmission losses may be settled either finan- cially or with energy. Insufficient losses supplied cially or with energy. Insufficient losses supplied will be settled financially by default will be settled financially by default. All customers will have the option to return the loss All customers will have the option to return the loss obligation for both prescheduled and real-time obligation for both prescheduled and real-time transactions 7 days later, same profile transactions 7 days later, same profile. Pricing used is WACM weighted average hourly Pricing used is LAP weighted average hourly pur- purchase price. chase price. Generator Imbalance Service ...... L–AS9 Provided Under Rate Schedule L–AS4. —Imbalances less than or equal to 1.5% (min- imum 4 MW) of metered generation settled using WACM hourly pricing with no penalty. —Imbalances 1.5% to 7.5% (minimum 4 MW to 10 MW) of metered generation settled using WACM hourly pricing with a 10% pen- alty. —Imbalances greater than 7.5% (minimum 10 MW) of metered generation settled using WACM hourly pricing with a 25% penalty. —Intermittent Resources not subject to 3rd band penalties. —Administrative fee charged on every settle- ment. Penalty Rate for Unreserved Use of L–AS10 Provided Under Rate Schedules L–FPT1 and L– Transmission Service. Penalized 200% of demand charge, with a max- NFPT1. imum of monthly service. 1 Rates effective October 1, 2011, are preliminary and are subject to change upon publication of final formula rates.

Legal Authority will hold both a public information proposed formula rates consistent with forum and a public comment forum. 10 CFR part 903. Because the proposed formula rates After review of public comments, constitute a major rate adjustment as Western is proposing LAP defined by 10 CFR part 903, Western Western will take further action on the Transmission and WACM Ancillary

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Services formula rates under the Dated: January 21, 2011. applicable information quality Department of Energy (DOE) Timothy J. Meeks, guidelines. This document does not Organization Act (42 U.S.C. 7152); the Administrator. represent and should not be construed Reclamation Act of 1902 (ch. 1093, 32 [FR Doc. 2011–1894 Filed 1–27–11; 8:45 am] to represent any Agency policy or Stat. 388), as amended and BILLING CODE 6450–01–P determination. supplemented by subsequent EPA, through its Peer Review enactments, particularly section 9(c) of contractor, Versar, Inc., invites the public to register to attend the peer the Reclamation Project Act of 1939 (43 ENVIRONMENTAL PROTECTION review meeting. In addition, EPA U.S.C. 485h(c)); section 5 of the Flood AGENCY Control Act of 1944 (16 U.S.C. 825s); through Versar, Inc., invites the public and other acts specifically applicable to [FRL–9259–5; Docket ID No. EPA–HQ–ORD– to give oral and/or provide written the projects involved. 2010–1077] comments during the meeting regarding the draft document under review. The By Delegation Order No. 00–037.00, Availability of Draft Report, Biofuels effective December 6, 2001, the draft document and EPA’s charge to the and the Environment: First Triennial peer reviewers are available primarily Secretary of Energy delegated: (1) The Report to Congress authority to develop power and via the Internet on NCEA’s home page transmission rates to Western’s AGENCY: Environmental Protection under the Recent Additions and Administrator; (2) the authority to Agency (EPA). Publications menus at http:// www.epa.gov/ncea. In preparing a final confirm, approve, and place such rates ACTION: Notice of peer review meeting report, EPA will consider the comments into effect on an interim basis to the and public comment period. Deputy Secretary of Energy; and (3) the and recommendations from the external authority to confirm, approve, and place SUMMARY: EPA is announcing that it will peer review meeting and any public into effect on a final basis, to remand, convene an independent panel of comments that EPA receives in or to disapprove such rates to FERC. experts to review the external review accordance with this notice. Existing DOE procedures for public draft document titled, Biofuels and the DATES: The peer review panel meeting participation in power rate adjustments Environment: The First Triennial Report will begin on March 14, 2011, at 9 a.m. (10 CFR part 903) were published on to Congress (EPA/600/R–10/183A). The and end at 5 p.m. The 30-day public September 18, 1985. peer review meeting will be organized comment period begins January 28, by Versar, Inc., an EPA contractor for 2011, and ends February 28, 2011. Availability of Information external scientific peer review. The EPA Technical comments should be in All brochures, studies, comments, also is announcing a 30-day public writing and must be received by EPA by letters, memorandums, or other comment period for the draft document. February 28, 2011. documents that Western initiates or uses The draft document was prepared by the ADDRESSES: The peer review meeting to develop the proposed formula rates National Center for Environmental will be held at the Marriott Courtyard are available for inspection and copying Assessment (NCEA) within EPA’s Office Arlington Crystal City/Reagan National at the Rocky Mountain Regional Office, of Research and Development. The 2007 Airport, 2899 Jefferson Davis Highway, located at 5555 East Crossroads Energy Independence and Security Act Arlington, VA 22202, telephone: 703– Boulevard, Loveland CO. Many of these (EISA) mandates increased production 549–3434. The EPA contractor, Versar, documents and supporting information of biofuels (fuels derived from organic Inc., is organizing, convening and are also available on Western’s Web site materials) from 9 billion gallons per conducting the peer review meeting. To under the 2012 Rate Adjustment— year in 2008 to 36 billion gallons per attend the meeting, register by March 7, Transmission and Ancillary Services year by 2022. EISA (Section 204) also 2011, by contacting Versar, Inc. via e- section located at http://www.wapa.gov/ requires the U.S. Environmental mail: [email protected] (subject rm/ratesRM/2012/default.htm. Protection Agency (EPA) to assess and line: Biofuels Report to Congress Peer report to Congress every three years on Review Meeting), by telephone: 703– Ratemaking Procedure Requirements the current and potential future 750–3000, ext. 545, or toll free at 1–800– Environmental Compliance environmental and resource 2–VERSAR (1–800–283–7727), ask for conservation impacts associated with Kathy Coon, the Biofuels Report to In compliance with the National increased biofuel production and use. Congress Meeting Coordinator, or by Environmental Policy Act of 1969 Biofuels and the Environment: First faxing a registration request to 703–642– (NEPA) (42 U.S.C. 4321–4347), Council Triennial Report to Congress is the first 6809 (please reference the Biofuels on Environmental Quality Regulations report on this issue. Report to Congress Peer Review Meeting (40 CFR parts 1500–1508), and DOE The public comment period and the and include your name, title, affiliation, NEPA Regulations (10 CFR part 1021), external peer review meeting are full address and contact information). Western is in the process of determining separate processes that provide Information on Services for whether an environmental assessment opportunities for all interested parties to Individuals with Disabilities: EPA or an environmental impact statement comment on the document. EPA intends welcomes the attendance of the public should be prepared or if this action can to forward public comments that are at the Biofuels Report to Congress Peer be categorically excluded from those submitted in accordance with this Review Meeting and will make every requirements. notice, to the external peer review effort to accommodate persons with Determination Under Executive Order panel, prior to the meeting for their disabilities. For information on access 12866 consideration. When finalizing the draft or services for individuals with document, EPA intends to consider any disabilities, please contact Versar, Inc. Western has an exemption from public comments that EPA receives in via e-mail: [email protected] centralized regulatory review under accordance with this notice. (subject line: Biofuels Report to Executive Order 12866; accordingly, no EPA is releasing this draft document Congress Peer Review Meeting), by clearance of this notice by the Office of solely for the purpose of obtaining telephone: 703–750–3000, ext. 545, or Management and Budget is required. public comment and peer review under toll free at 1–800–2–VERSAR (1–800–

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283–7727), ask for Kathy Coon, the SUPPLEMENTARY INFORMATION: reservations will be accepted on a first- Biofuels Report to Congress Meeting come, first-served basis. I. Information About the Report to Coordinator, or by faxing a registration Congress III. How To Submit Technical request to 703–642–6809 (please Comments to the Docket at reference the Biofuels Report to Many different feedstocks can be used www.regulations.gov Congress Peer Review Meeting and to produce different types of biofuels. include your name, title, affiliation, full This report focuses on impacts from Submit your comments, identified by address and contact information). To production and use of six feedstocks: Docket ID No. EPA–HQ–ORD–2010– request accommodation of a disability, Corn and soybeans, which together 1077, by one of the following methods: • please contact Versar, Inc., preferably at account for the vast majority of biofuel http://www.regulations.gov: Follow least 10 days prior to the meeting, to feedstock currently in use, and four the on-line instructions for submitting give EPA as much time as possible to others (corn stover, perennial grasses, comments. • process your request. woody biomass and algae) that represent E-mail: [email protected]. a range of feedstocks under • Fax: 202–566–1753. The draft report, Biofuels and the • Environment: First Triennial Report to development. Mail: Office of Environmental Congress, is available primarily via the Two biofuels, ethanol (both Information (OEI) Docket (Mail Code: Internet on the National Center for conventional and cellulosic) and 2822T), U.S. Environmental Protection Environmental Assessment’s home page biomass-based diesel, are emphasized in Agency, 1200 Pennsylvania Ave., NW., under the Recent Additions and this report because they are the most Washington, DC 20460. The phone commercially viable in 2010 and/or number is 202–566–1752. Publications menus at http:// • www.epa.gov/ncea. A limited number of projected to be the most commercially Hand Delivery: The OEI Docket is paper copies are available from the available by 2022. located in the EPA Headquarters Docket Information Management Team, NCEA; As required by the Energy Center, Room 3334 EPA West Building, telephone: 703–347–8561; facsimile: Independence and Security Act (Section 1301 Constitution Ave., NW., 703–347–8691. If you are requesting a 204) of 2007, the report covers impacts Washington, DC. The EPA Docket paper copy, please provide your name, on air and water quality, soil quality Center Public Reading Room is open mailing address, and the document title, and conservation, water availability, from 8:30 a.m. to 4:30 p.m., Monday Biofuels and the Environment: First ecosystem health and biodiversity; the through Friday, excluding legal Triennial Report to Congress. Copies are potential invasiveness of feedstocks; holidays. The telephone number for the not available from Versar, Inc. and international environmental Public Reading Room is 202–566–1744. Comments may be submitted impacts. This report reviews impacts Deliveries are only accepted during the electronically via http:// and mitigation tools across the entire Docket’s normal hours of operation, and www.regulations.gov, by mail, by biofuel supply chain, including special arrangements should be made facsimile, or by hand delivery/courier. feedstock production and logistics, and for deliveries of boxed information. Please follow the detailed instructions biofuel production, distribution, and If you provide comments by mail or as provided in the SUPPLEMENTARY use. hand delivery, please submit three INFORMATION section of this notice. Throughout the biofuel supply chain, copies of the comments. For FOR FURTHER INFORMATION CONTACT: activities take place and materials are attachments, provide an index, number Questions regarding information, used that have the potential to impact pages consecutively with the comments, registration, access or services for the environment or affect resource use and submit an unbound original and individuals with disabilities, or logistics and availability. The specific impacts three copies. for the external peer-review meeting associated with a particular feedstock or Instructions: Direct your comments to should be directed to Versar, Inc., 6850 biofuel will vary depending on many Docket ID No. EPA–HQ–ORD–2010– Versar Center, Springfield, VA 22151, factors, including the type, source and 1077. Please ensure that your comments by e-mail: [email protected] method of feedstock production; the are submitted within the specified (subject line: Biofuels Report to technology used to convert the comment period. Comments received Congress Peer Review Meeting), by feedstock to fuel; methods used and after the closing date will be marked telephone: 703–750–3000, ext. 545 or distances traveled to transport biofuels; ‘‘late’’ and may only be considered if toll free at 1–800–2–VERSAR (1–800– the types and quantities of biofuels time permits. It is EPA’s policy to 283–7727), ask for Kathy Coon, the used; and, controls in place to avoid or include all comments it receives in the Biofuels Report to Congress Meeting mitigate any impacts. EPA’s ability to public docket without change and to Coordinator. To request accommodation assess environmental and resource make the comments available online at of a disability, please contact Versar, conservation impacts is constrained by http://www.regulations.gov, including Inc. preferably at least 10 days prior to substantial uncertainties. Since many any personal information provided, the meeting, to give as much time as feedstock technologies are in the early unless a comment includes information possible to process your request. stages of research and development, claimed to be Confidential Business For information on the public data relevant to impacts are limited and Information (CBI) or other information comment period, contact the Office of projections of their potential future use whose disclosure is restricted by statute. Environmental Information Docket; are highly speculative. Do not submit information that you telephone: 202–566–1752; facsimile: consider to be CBI or otherwise 202–566–1753; or e-mail: II. Meeting Information protected through http:// [email protected]. Members of the public may attend the www.regulations.gov or e-mail. The If you need technical information peer review meeting as observers and http://www.regulations.gov Web site is about the document, please contact Bob there will be a limited time of no more an ‘‘anonymous access’’ system, which Frederick, National Center for than five minutes for individual means EPA will not know your identity Environmental Assessment (NCEA); comments from the public during the or contact information unless you telephone: 703–347–5308; facsimile: meeting. Please let Versar, Inc. know if provide it in the body of your comment. 703–347–8694; e-mail: you wish to make comments during the If you send an e-mail comment directly [email protected]. meeting. Space is limited, and to EPA without going through http://

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www.regulations.gov, your e-mail letters, in the Federal Register. Since EIS No. 20110022, Draft EIS, USFS, MT, address will be automatically captured February 2008, EPA has included its Cedar-Thom Project, Desired and included as part of the comment comment letters on EISs on its Web site Landscapes Conditions and Current that is placed in the public docket and at: http://www.epa.gov/compliance/ Conditions Related to Forest made available on the Internet. If you nepa/eisdata.html. Including the entire Vegetation, Fuels, Wildlife and submit an electronic comment, EPA EIS comment letters on the website Aquatic Habitat and Recreation, Lolo recommends that you include your satisfies the Section 309(a) requirement National Forest, Superior Ranger name and other contact information in to make EPA’s comments on EISs District, Mineral County, MT, the body of your comment and with any available to the public. Accordingly, on Comment Period Ends: 03/14/2011, disk or CD–ROM you submit. If EPA March 31, 2010, EPA discontinued the Contact: Pat Partyka 406–826–4314. cannot read your comment due to publication of the notice of availability EIS No. 20110023, Final EIS, NRC, WY, technical difficulties and cannot contact of EPA comments in the Federal Nichols Ranch In-Situ Uranium you for clarification, EPA may not be Register. Recovery (ISR) Project, Proposal to able to consider your comment. EIS No. 20110016, Draft EIS, FTA, MI, Construct, Operate, Conduct Aquifer Electronic files should avoid the use of Woodward Avenue Light Rail Transit Restoration, and Decommission and special characters, any form of Project, Construction and Operation, In-Situ Recovery Uranium Milling encryption and be free of any defects or City of Detroit, Wayne County, MI, Facility, Campbell and Johnson viruses. For additional information Comment Period Ends: 03/14/2011, Counties, WY, Review Period Ends: 02/28/2011, Contact: Patricia Swain about EPA’s public docket visit the EPA Contact: Tricia M. Harr 202–366– 301–415–5405. Docket Center homepage at http:// 0486. www.epa.gov/epahome/dockets.htm. EIS No. 20110024, Final EIS, USFS, OR, EIS No. 20110017, Draft EIS, BR, CA, Three Trails Off-Highway Vehicle Docket: Documents in the docket are Bunker Hill Groundwater Basin, listed in the http://www.regulations.gov Project, Designated Off-Highway Riverside-Corona Feeder Projects, To Vehicle (OHV) Trail System, Crescent index. Although listed in the index, Increase Firm Water Supplies, some information is not publicly Ranger District, Deschutes National Improve Water Quality, and to Reduce Forest, Klamath County, OR, Review available, e.g., CBI or other information Water Costs, San Bernardino and whose disclosure is restricted by statute. Period Ends: 02/28/2011, Contact: Riverside Counties, CA, Comment Joan Kittrell 541–433–3200. Certain other materials, such as Period Ends: 03/22/2011, Contact: copyrighted material, are publicly EIS No. 20110025, Final EIS, FTA, CO, Amy Witherall 951–695–5310. North Metro Corridor Project, available only in hard copy. Publicly EIS No. 20110018, Draft EIS, BLM, NV, available docket materials are available Proposed a Commuter Rail Transit Salt Wells Energy Projects, Proposal from downtown Denver, Colorado, either electronically in http:// for Three Separate Geothermal Energy www.regulations.gov or in hard copy at north to State Highway (SH) 7, in the and Transmission Projects, Cities of Denver, Commerce City, the OEI Docket in the EPA Headquarters Implementation, Churchill County, Docket Center. Thornton, Northglenn, and Adams NV, Comment Period Ends: 03/28/ County, CO, Review Period Ends: 02/ Dated: January 24, 2011. 2011, Contact: Colleen Sievers 775– 28/2011, Contact: David Beckhouse Darrell A. Winner, 885–6000. 720–963–3306. Acting Director, National Center for EIS No. 20110019, Final EIS, DOE, 00, Environmental Assessment. Long -Term Management and Storage Amended Notices [FR Doc. 2011–1920 Filed 1–27–11; 8:45 am] of Elemental Mercury Storage Project, EIS No. 20100450, Draft EIS, USFS, ID, BILLING CODE 6560–50–P Designate a Facility or Facilities for Upper Lochsa Land Exchange Project, Mercy Storage, Seven Alternative Proposes to Exchange National Forest Sites, CO, ID, MO, NV, SC and WA, System Land for approximately ENVIRONMENTAL PROTECTION Review Period Ends: 02/28/2011, 39,371 Acres of western Pacific AGENCY Contact: David Levenstein 301–903– Timber Land, Federal Land Exchange, 6500. Clearwater, Nez Perce and Idaho [ER–FRL–8995–1] EIS No. 20110020, Draft EIS, NRCS, IA, Panhandle National Forests, Environmental Impact Statements; Clarke County Water Supply, To Clearwater, Latah, Idaho, Benewah, Notice of Availability Construct a Multiple-purpose Kootenai and Bonner Counties, ID, Structure that Provides for Rural Comment Period Ends: 03/09/2011, Responsible Agency: Office of Federal Water Supply and Water Based Contact: Teresa Trulock 208–935– Activities, General Information (202) Recreational Opportunities, Clarke 4256 Revision to FR Notice 11/26/ 564–1399 or http://www.epa.gov/ County, IA, Comment Period Ends: 2010: Extending Comment from 02/ compliance/nepa/. 03/14/2011, Contact: Richard Sims 23/2011 to 03/09/2011. Weekly receipt of Environmental Impact 515–284–6655. EIS No. 20110000, Final EIS, USFS, CA, Statements EIS No. 20110021, Final EIS, NPS, 00, Concow Hazardous Fuels Reduction Filed 01/18/2011 Through 01/21/2011 Long Walk National Historic Trail Project, Propose to Reduce Hazardous Pursuant to 40 CFR 1506.9 Feasibility Study, To Evaluate the Forest Fuels, Plus Establish and Suitability and Feasibility of Maintain Spaces - Defensible Fuel Notice Designating the Routes, Profile Zones (DFPZs), Feather River In accordance with Section 309(a) of Implementation, Apache, Coconino, Ranger District, Plumas National the Clean Air Act, EPA is required to Navajo Counties, AZ; Bernalillo, Forest, Towns of Paradise, Magalia, make its comments on EISs issued by Cibola, De Baca, Guadalupe, Lincoln, Concow, Butte County, CA, Review other Federal agencies public. McKinley, Mora, Otero, Santa Fe, Period Ends: 02/14/2011, Contact: Historically, EPA met this mandate by Sandolval, Torrance, Valencia Carol Spinos 530–532–8932 publishing weekly notices of availability Counties, NM, Review Period Ends: Revision to FR Notice Published 01/ of EPA comments, which includes a 02/28/2011, Contact: Sharon Brown 14/2011: Correction to Contact Phone brief summary of EPA’s comment 505–988–6717. Number.

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Dated: January 25, 2011. if the request is made on behalf of an respondents, including the use of Robert W. Hargrove, organization or other entity, the automated collection techniques or Director, NEPA Compliance Division, Office signature of a responsible official of the other forms of information technology, of Federal Activities. organization or other entity. and (e) ways to further reduce the [FR Doc. 2011–1901 Filed 1–27–11; 8:45 am] ADDRESSES: All documents relating to information collection burden for small BILLING CODE 6560–50–P this determination are available for business concerns with fewer than 25 inspection between the hours of 9 a.m. employees. and 4 p.m., Monday through Friday, at The FCC may not conduct or sponsor ENVIRONMENTAL PROTECTION the following offices: Alaska a collection of information unless it AGENCY Department of Environmental displays a currently valid control number. No person shall be subject to [FRL–9259–6] Conservation (ADEC), 410 Willoughby, Suite 303, Juneau, Alaska 99801; ADEC any penalty for failing to comply with Public Water Supply Supervision South Central Regional Office, 555 a collection of information subject to the Program; Program Revision for the Cordova Street, Anchorage, Alaska Paperwork Reduction Act (PRA) that State of Alaska 99501; ADEC Northern Regional Office, does not display a currently valid OMB 610 University Avenue Fairbanks, control number. AGENCY: Environmental Protection Alaska 99709–3643 and between the Dates: Written Paperwork Reduction Agency (EPA). hours of 9 a.m.–12 p.m. and 1–4 p.m. at Act (PRA) comments should be ACTION: Notice of tentative approval. the EPA Region 10 Library, 1200 Sixth submitted on or before March 29, 2011. Avenue, Seattle, Washington 98101. If you anticipate that you will be SUMMARY: Notice is hereby given that submitting PRA comments, but find it FOR FURTHER INFORMATION CONTACT: the State of Alaska has revised its difficult to do so within the period of approved State Public Water Supply Wendy Marshall, EPA Region 10, time allowed by this notice, you should Supervision Primacy Program. Alaska Drinking Water Unit, by mail at the advise the FCC contact listed below as has adopted regulations analogous to Seattle address given above, by soon as possible. EPA’s Stage 2 Disinfectants and telephone at (206) 553–1890, or by e- Addresses: Direct all PRA comments Disinfection Byproducts Rule; Long mail at [email protected]. to Nicholas A. Fraser, Office of Term 2 Enhanced Surface Water Authority: Section 1420 of the Safe Management and Budget, via fax at 202– Treatment Rule; and Lead and Copper Drinking Water Act, as amended (1996), and 395–5167 or via the Internet at Short-Term Regulatory Revisions and 40 CFR Part 142 of the National Primary [email protected] and Clarifications Rule. EPA has determined Drinking Water Regulations. to the Federal Communications that these revisions are no less stringent Dated: January 20, 2011. Commission via e-mail to [email protected]. than the corresponding Federal Dennis J. McLerran, For Further Information Contact: regulations. Therefore, EPA intends to Regional Administrator, Region 10. Judith B. Herman, Office of Managing approve these State program revisions. [FR Doc. 2011–1918 Filed 1–27–11; 8:45 am] Director, (202) 418–0214. For additional By approving these rules, EPA does not BILLING CODE 6560–50–P information, contact Judith B. Herman, intend to affect the rights of Federally OMD, 202–418–0214 or e-mail judith- recognized Indian Tribes within ‘‘Indian [email protected]. country’’ as defined by 18 U.S.C. 1151, Supplementary Information: FEDERAL COMMUNICATIONS nor does it intend to limit existing rights OMB Control Number: 3060–0537. of the State of Alaska. COMMISSION Title: Section 13.217, COLEM DATES: All interested parties may Notice of Public Information Records. request a public hearing. A request for Form No.: N/A. Collection(s) Being Reviewed by the Type of Review: Extension of a a public hearing must be submitted by Federal Communications Commission February 28, 2011 to the Regional currently approved collection. for Extension Under Delegated Respondents: Business or other for- Administrator at the EPA address Authority, Comments Requested shown below. Frivolous or insubstantial profit. requests for a hearing may be denied by January 24, 2011. Number of Respondents and the Regional Administrator. However, if Summary: The Federal Responses: 9 respondents; 9 responses. Communications Commission, as part of Estimated Time per Response: 1 hour. a substantial request for a public hearing Frequency of Response: is made by February 28, 2011, a public its continuing effort to reduce Recordkeeping requirement. hearing will be held. If no timely and paperwork burden invites the general Obligation to Respond: Required to appropriate request for a hearing is public and other Federal agencies to obtain or retain benefits. Statutory received and the Regional Administrator take this opportunity to comment on the authority for this information collection does not elect to hold a hearing on his following information collection(s), as is contained in 47 U.S.C. 154 and 303. own motion, this determination shall required by the Paperwork Reduction Total Annual Burden: 9 hours. become final and effective on February Act (PRA) of 1995, 44 U.S.C. 3501— Total Annual Cost: N/A. 28, 2011. Any request for a public 3520. Comments are requested Privacy Act Impact Assessment: N/A. hearing shall include the following concerning: (a) Whether the proposed Nature and Extent of Confidentiality: information: (1) The name, address, and collection of information is necessary There is no need for confidentiality. telephone number of the individual, for the proper performance of the Needs and Uses: The Commission organization, or other entity requesting functions of the Commission, including will submit this expiring information a hearing; (2) a brief statement of the whether the information shall have collection to the Office of Management requesting person’s interest in the practical utility; (b) the accuracy of the and Budget (OMB) after this comment Regional Administrator’s determination Commission’s burden estimate; (c) ways period to obtain their full three year and a brief statement of the information to enhance the quality, utility, and approval. There is no change in the that the requesting person intends to clarity of the information collected; (d) recordkeeping requirement. There is no submit at such hearing; (3) the signature ways to minimize the burden of the change in the Commission’s burden of the individual making the request, or, collection of information on the estimates.

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Section 13.217 requires that each including the use of automated and Budget (OMB) after this comment Commercial Operator License collection techniques or other forms of period to obtain the full three year Examination Manager (COLEM) information technology, and (e) ways to approval from them. There is no change recovering fees from examinees who further reduce the information in the recordkeeping and/or third party took the Commercial Operator collection burden for small business disclosure requirements. There is no Examination must maintain records of concerns with fewer than 25 employees. change in the Commission’s burden expenses and revenues, frequency of The FCC may not conduct or sponsor estimates. examinations administered, and a collection of information unless it Section 25.139 requires NGSO FSS examination pass rates. These records displays a currently valid control licensees to maintain a subscriber must cover the period from January 1 to number. No person shall be subject to database in a format that can be readily December 31 of the preceding year, be any penalty for failing to comply with shared to enable MVDDS licensees to maintained for one year, and be made a collection of information subject to the determine whether a proposed available to the Commission upon Paperwork Reduction Act (PRA) that Multichannel Video Distribution and request. This recordkeeping requirement does not display a currently valid OMB Data Service (MVDDS) transmitting is in place in order to assist the control number. antenna meets the minimum spacing Commission in detecting any Dates: Written Paperwork Reduction requirements relative to qualifying, wrongdoing within the commercial Act (PRA) comments should be existing NGSO FSS subscriber receivers operator examination program. submitted on or before March 29, 2011. (set forth in 47 CFR 101.129 of the The records are journal entries If you anticipate that you will be Commission’s rules). showing revenues collected and submitting PRA comments, but find it The Commission uses the information expenses incurred. The records may be difficult to do so within the period of to ensure that NGSO FSS licensees inspected by FCC field investigators. time allowed by this notice, you should provide MVDDS licensees with the data The records will provide a vehicle for advise the FCC contact listed below as needed to determine whether a the FCC to cancel the designation of a soon as possible. proposed MVDDS transmitting site person or organization as an Addresses: Direct all PRA comments meets the minimum spacing examination manager. If the information to Nicholas A. Fraser, Office of requirement relative to certain NGSO were not maintained, it is conceivable Management and Budget, via fax at 202– FSS receivers. that fraud and abuse could occur in the 395–5167 or via the Internet at Federal Communications Commission. commercial operator examination [email protected] and Bulah P. Wheeler, program. to the Federal Communications Deputy Manager, Office of the Secretary, Federal Communications Commission. Commission via e-mail to [email protected]. Office of Managing Director. Bulah P. Wheeler, For Further Information Contact: [FR Doc. 2011–1845 Filed 1–27–11; 8:45 am] Deputy Manager, Office of the Secretary, Judith B. Herman, Office of Managing BILLING CODE 6712–01–P Office of Managing Director. Director, (202) 418–0214. For additional [FR Doc. 2011–1844 Filed 1–27–11; 8:45 am] information, contact Judith B. Herman, BILLING CODE 6712–01–P OMD, 202–418–0214 or e-mail judith- FEDERAL COMMUNICATIONS [email protected]. COMMISSION Supplementary Information: FEDERAL COMMUNICATIONS OMB Control Number: 3060–1021. Notice of Public Information COMMISSION Title: Section 25.139, NGSO FSS Collection(s) Being Submitted for Coordination and Information Sharing Review and Approval to the Office of Notice of Public Information Between MVDDS Licensees in the 12.2 Management and Budget (OMB), Collection(s) Being Reviewed by the GHz to 12.7 GHz Band. Comments Requested Federal Communications Commission Form No.: N/A. for Extension Under Delegated Type of Review: Extension of a January 19, 2011. Authority, Comments Requested currently approved collection. Summary: The Federal Respondents: Business or other for- Communications Commission, as part of January 24, 2011. profit. its continuing effort to reduce Summary: The Federal Number of Respondents and paperwork burden invites the general Communications Commission, as part of Responses: 6 respondents; 6 responses. public and other Federal agencies to its continuing effort to reduce Estimated Time per Response: 6 take this opportunity to comment on the paperwork burden invites the general hours. following information collection(s), as public and other Federal agencies to Frequency of Response: required by the Paperwork Reduction take this opportunity to comment on the Recordkeeping and third party Act (PRA) of 1995, 44 U.S.C. 3501–3520. following information collection(s), as disclosure requirement. Comments are requested concerning: (a) required by the Paperwork Reduction Obligation to Respond: Required to Whether the proposed collection of Act (PRA) of 1995, 44 U.S.C. 3501–3520. obtain or retain benefits. Statutory information is necessary for the proper Comments are requested concerning: (a) authority for this information collection performance of the functions of the Whether the proposed collection of is contained in 47 U.S.C. 154(i), 157(a), Commission, including whether the information is necessary for the proper 301, 303(c), 303(f), 303(g), 303(r), 308 information shall have practical utility; performance of the functions of the and 309(j). (b) the accuracy of the Commission’s Commission, including whether the Total Annual Burden: 36 hours. burden estimate; (c) ways to enhance information shall have practical utility; Total Annual Cost: N/A. the quality, utility, and clarity of the (b) the accuracy of the Commission’s Privacy Act Impact Assessment: N/A. information collected; (d) ways to burden estimate; (c) ways to enhance Nature and Extent of Confidentiality: minimize the burden of the collection of the quality, utility, and clarity of the There is no need for confidentiality. information on the respondents, information collected; (d) ways to Needs and Uses: The Commission including the use of automated minimize the burden of the collection of will submit this expiring information collection techniques or other forms of information on the respondents, collection to the Office of Management information technology; and (e) ways to

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further reduce the information Estimated Time per Response: 7 FEDERAL COMMUNICATIONS collection burden for small business hours. COMMISSION concerns with fewer than 25 employees. Frequency of Response: On occasion Notice of Public Information The FCC may not conduct or sponsor reporting requirements; third party Collection(s) Being Reviewed by the a collection of information unless it disclosure requirement. displays a currently valid control Federal Communications Commission number. No person shall be subject to Total Annual Burden: 24,500 hours. for Extension Under Delegated any penalty for failing to comply with Total Annual Costs: $15,043,000. Authority, Comments Requested a collection of information subject to the Obligation to Respond: Required to January 24, 2011. Paperwork Reduction Act (PRA) that obtain or retain benefits. The statutory SUMMARY: does not display a currently valid OMB The Federal Communications authority for this collection is contained control number. Commission, as part of its continuing in Sections 154(i), 303, 307, 308 and 309 Dates: Written Paperwork Reduction effort to reduce paperwork burden of the Communications Act of 1934, as Act (PRA) comments should be invites the general public and other submitted on or before February 28, amended. Federal agencies to take this 2011. If you anticipate that you will be Nature and Extent of Confidentiality: opportunity to comment on the submitting PRA comments, but find it Confidentiality is not required for this following information collection(s), as difficult to do so within the period of collection of information. required by the Paperwork Reduction time allowed by this notice, you should Act (PRA) of 1995, 44 U.S.C. 3501–3520. Privacy Impact Assessment: No Comments are requested concerning: (a) advise the FCC contact listed below as impact(s). soon as possible. Whether the proposed collection of information is necessary for the proper Addresses: Direct all PRA comments Needs and Uses: Licensees/ performance of the functions of the to Nicholas A. Fraser, Office of permittees/applicants use FCC Form Commission, including whether the Management and Budget, via fax at 202– 346 to apply for authority to construct information shall have practical utility; 395–5167 or via e-mail to or make changes in a Low Power (b) the accuracy of the Commission’s [email protected] and Television, TV Translator, or TV Booster burden estimate; (c) ways to enhance to the Federal Communications broadcast station. On September 9, the quality, utility, and clarity of the Commission via e-mail to [email protected] 2004, the Commission adopted a Report information collected; (d) ways to and [email protected]. To view a and Order, FCC 04–220, MB Docket minimize the burden of the collection of copy of this information collection Number 03–185, In the Matter of Parts information on the respondents, request (ICR) submitted to OMB: (1) Go 73 and 74 of the Commission’s Rules to including the use of automated to the web page http://reginfo.gov/ Established Rules for Digital Low Power collection techniques or other forms of public/do/PRAMain, (2) look for the Television, Television Translator, and information technology, and (e) ways to section of the web page called Television Booster Stations and to further reduce the information ‘‘Currently Under Review’’, (3) click on Amend Rules for Digital Class A collection burden for small business the downward-pointing arrow in the Television Stations. To implement the concerns with fewer than 25 employees. ‘‘Select Agency’’ box below the new rules, the Commission revised FCC The FCC may not conduct or sponsor ‘‘Currently Under Review’’ heading, (4) Form 346 to allow licensees/permittees/ a collection of information unless it select ‘‘Federal Communications applicants to use the revised FCC Form displays a currently valid control Commission’’ from the list of agencies 346 to file for digital stations or for number. No person shall be subject to presented in the ‘‘Select Agency’’ box, conversion of existing analog to digital. any penalty for failing to comply with (5) click the ‘‘Submit’’ button to the right a collection of information subject to the of the ‘‘Select Agency’’ box, and (6) Applicants are also subject to the Paperwork Reduction Act (PRA) that when the list of FCC ICRs currently third party disclosure requirements does not display a currently valid OMB under review appears, look for the title under 47 CFR 73.3580. Within 30 days control number. of this ICR (or its OMB Control Number, of tendering the application, the if there is one) and then click on the ICR applicant is required to publish a notice DATES: Written Paperwork Reduction Reference Number to view detailed in a newspaper of general circulation Act (PRA) comments should be information about this ICR. when filing all applications for new or submitted on or before March 29, 2011. For Further Information Contact: For major changes in facilities—the notice is If you anticipate that you will be additional information or copies of the to appear at least twice a week for two submitting PRA comments, but find it information collection(s), contact Cathy consecutive weeks in a three-week difficult to do so within the period of Williams on (202) 418–2918. period. A copy of this notice must be time allowed by this notice, you should Supplementary Information: maintained with the application. FCC advise the FCC contact listed below as OMB Control Number: 3060–0016. staff use the data to determine if the soon as possible. Title: Application for Authority to applicant is qualified, meets basic ADDRESSES: Direct all PRA comments to Construct or Make Changes in a Low statutory and treaty requirements, and Nicholas A. Fraser, Office of Power TV, TV Translator, or TV Booster will not cause interference to other Management and Budget, via fax at 202– Station, FCC Form 346. authorized broadcast services. 395–5167 or via the Internet at Form Number: FCC Form 346. [email protected] and Type of Review: Extension of a Federal Communications Commission. to the Federal Communications currently approved collection. Bulah P. Wheeler, Commission via e-mail to [email protected]. Respondents: Businesses or other for- Deputy Manager, Office of the Secretary, FOR FURTHER INFORMATION CONTACT: profit entities; not-for-profit institutions; Office of Managing Director. Judith B. Herman, Office of Managing State, local or tribal government. [FR Doc. 2011–1851 Filed 1–27–11; 8:45 am] Director, (202) 418–0214. For additional Number of Respondents and BILLING CODE 6712–01–P information, contact Judith B. Herman, Responses: 3,500 respondents and 3,500 OMD, 202–418–0214 or e-mail judith- responses. [email protected].

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SUPPLEMENTARY INFORMATION: making personnel to decide the which to enable access to NG9–1–1 OMB Control Number: 3060–0290. desirability of instituting rulemaking emergency services by individuals with Title: Section 90.517, Report of proceedings involving new technologies disabilities. In order to fulfill this Operation Under Developmental or new uses of the radio spectrum. mission, the Communications Authorization. Federal Communications Commission. Accessibility Act directs that within one Form No.: N/A. Bulah P. Wheeler, year after the EAAC’s members are Type of Review: Extension of a appointed, the Committee shall conduct currently approved collection. Deputy Manager, Office of the Secretary, Office of Managing Director. a national survey, with the input of Respondents: Business or other for- groups represented by the Committee’s [FR Doc. 2011–1846 Filed 1–27–11; 8:45 am] profit. membership, after which the Committee Number of Respondents and BILLING CODE 6712–01–P shall develop and submit to the Responses: 10 respondents; 10 Commission recommendations to responses. FEDERAL COMMUNICATIONS implement such technologies and Estimated Time per Response: 2 COMMISSION methods. hours. To request materials in accessible Frequency of Response: On occasion [DA 11–124] formats for people with disabilities reporting requirement. (Braille, large print, electronic files, Emergency Access Advisory Obligation to Respond: Required to audio format), send an e-mail to Committee; Announcement of Date of obtain or retain benefits. Statutory [email protected] or call the Consumer Second Meeting authority for this information collection and Governmental Affairs Bureau at is contained in 47 U.S.C. 154(i), 161, AGENCY: Federal Communications 202–418–0530 (voice), 202–418–0432 303(g), 303(r), and 332(c)(7). Commission. (TTY). Total Annual Burden: 20 hours. Total Annual Cost: N/A. ACTION: Notice. Federal Communications Commission. Joel Gurin, Privacy Act Impact Assessment: N/A. SUMMARY: This document announces the Nature and Extent of Confidentiality: date of the Emergency Access Advisory Chief, Consumer and Governmental Affairs Matters which may be so labeled, that Committee’s (‘‘Committee or EAAC’’) Bureau. the applicant does not wish to disclose second meeting. [FR Doc. 2011–1932 Filed 1–27–11; 8:45 am] publicly, will not be publicly disclosed BILLING CODE 6712–01–P DATES: The Committee’s second meeting without permission of the applicant, will take place on Friday, February 11, and will be used solely for the 2011, 10:30 a.m. to 5 p.m. (EST), at FEDERAL COMMUNICATIONS Commission’s information. See 47 CFR Commission Headquarters. 0.459 of the Commission’s rules. COMMISSION ADDRESSES: Needs and Uses: The Commission Federal Communications will submit this expiring information Commission, 445 12th Street, SW., Federal Advisory Committee Act; collection to the Office of Management Washington, DC 20554. Advisory Committee on Diversity for and Budget (OMB) after this comment FOR FURTHER INFORMATION CONTACT: Communications in the Digital Age period to obtain the full three year Cheryl King, Consumer and Governmental Affairs Bureau, Federal AGENCY: Federal Communications approval from them. There is no change Commission. in the reporting requirement. There is Communications Commission, 202– ACTION: Notice of intent to renew no change in the Commission’s burden 418–2284 (voice) or 202–418–0416 charter. estimates. (TTY), [email protected] (e-mail) or Patrick Donovan, Public Safety and Section 90.517 requires that a report, SUMMARY: In accordance with the Homeland Security Bureau, Federal which shall include comprehensive and Federal Advisory Committee Act, this Communications Commission, 202– detailed information on: notice is to announce that the Federal 418–2413, [email protected] (a) The final objective; Communications Commission (FCC) has (e-mail). (b) results of operation to date; renewed the charter of the Advisory (c) analysis of the results obtained; SUPPLEMENTARY INFORMATION: On Committee on Diversity for (d) copies of any published reports; December 7, 2010, in document DA 10– Communications in the Digital Age (e) need for continuation of the 2318, Chairman Julius Genachowski (‘‘Diversity Committee’’). program; and announced the establishment, and ADDRESSES: (f) number of hours of operation on appointment of members and Co- A copy of the charter is each frequency on the results of a Chairpersons, of the EAAC, an advisory available at the Federal developmental program. committee required by the Twenty-first Communications Commission, The required information shall be Century Communications and Video Reference Information Center, 445 12th filed with and made a part of each Accessibility Act of 2010, Public Law Street, SW., Room 7–C753, Washington, application for renewal of authorization. 111–260 (Communications Accessibility DC 20554. In cases where no renewal is requested, Act), which directs that an advisory FOR FURTHER INFORMATION CONTACT: such reports shall be filed within 60 committee be established, for the Barbara Kreisman, days of the expiration of such purpose of achieving equal access to [email protected], (202) 418– authorization. This report is not emergency services by individuals with 1605, Chief, Video Division, Media required if the sole reason for the disabilities as part of our nation’s Bureau, 445 12th Street, SW., Room 2– developmental authorization is that the migration to a national Internet A666, Washington, DC 20554. frequency of operation is restricted to protocol-enabled emergency network, SUPPLEMENTARY INFORMATION: The developmental use only. also known as the next generation 9–1– Committee’s objective is to provide Commission personnel use the data to 1 system (‘‘NG9–1–1’’). recommendations to the FCC regarding evaluate the need for renewal of the The purpose of the EAAC is to policies and practices that will further applicant’s authorization. This determine the most effective and enhance diverse participation in the information is also used by policy- efficient technologies and methods by telecommunications and related

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industries. In particular, the Committee PERSON TO CONTACT FOR INFORMATION: improper influencing of appraisers or will focus primarily on lowering Judith Ingram, Press Officer Telephone: the appraisal process. Based on research barriers to entry to communications and (202) 694–1220. by ASC staff of national consumer and related industries for historically other complaint hotlines currently Shawn Woodhead Werth, disadvantaged men and women, operated by various federal government exploring ways in which to ensure Secretary and Clerk of the Commission. agencies, including those of the ASC universal access to and adoption of [FR Doc. 2011–2047 Filed 1–26–11; 4:15 pm] member agencies and the Federal Trade broadband in historically disadvantaged BILLING CODE 6715–01–P Commission, the ASC has determined communities, and creating an that there is no one hotline that fully environment that enables employment complies with the Act. In making this of a diverse workforce within the FEDERAL FINANCIAL INSTITUTIONS determination, the ASC initiated a communications and related industries. EXAMINATION COUNCIL project to study the establishment and The Committee is charged with [Docket No. AS11–03] operation of a national appraisal gathering the data and information complaint hotline as required by Act. necessary to formulate meaningful Determination Regarding National Consistent with the Act, the national recommendations for the objectives Appraisal Complaint Hotline appraisal hotline must receive outlined above. In developing its complaints, refer complaints to the recommendations, the Committee will AGENCY: Appraisal Subcommittee (ASC) appropriate federal or state agency for consider industry-based as well as of the Federal Financial Institutions resolution, and provide the capability to targeted regulatory solutions to Examination Council. monitor the resolution of complaints. ACTION: Determination by the ASC challenges identified by the data and Dated: January 24, 2011. information it gathers. Additional regarding a national appraisal complaint hotline. By the Appraisal Subcommittee. information regarding the Diversity Deborah S. Merkle, Committee can be found at http:// SUMMARY: Pursuant to section 1473(p) of Chairman, www.fcc.gov/DiversityFAC. the Dodd-Frank Wall Street Reform and [FR Doc. 2011–1866 Filed 1–27–11; 8:45 am] Federal Communications Commission. Consumer Protection Act of 2010 (Act), BILLING CODE P Barbara A. Kreisman, the Appraisal Subcommittee (ASC) has Chief, Video Division, Media Bureau. determined that no one national hotline [FR Doc. 2011–1939 Filed 1–27–11; 8:45 am] presently exists that fully complies with FEDERAL HOUSING FINANCE BILLING CODE 6712–01–P the Act. The determination was made AGENCY on January 12, 2011, during the ASC’s open meeting. In making this [No. 2011–N–02] determination, the ASC initiated a Proposed Collection; Comment project to study the establishment and FEDERAL ELECTION COMMISSION Request operation of a national appraisal Sunshine Act Notices complaint hotline as required by the AGENCY: Federal Housing Finance Act. Agency. DATE AND TIME: Thursday, February 3, DATES: Effective Date: Effective ACTION: Submission of Information 2011, at 10 a.m. immediately. Collection for Emergency Approval from PLACE: 999 E Street, NW., Washington, the Office of Management and Budget. FOR FURTHER INFORMATION CONTACT: DC (Ninth Floor). James R. Park, Executive Director, at SUMMARY: The Federal Housing Finance STATUS: This meeting will be open to (202) 595–7575, or Alice M. Ritter, Agency (FHFA) submitted to the Office the public. General Counsel, at (202) 595–7577, via of Management and Budget (OMB) for ITEMS TO BE DISCUSSED: Internet e-mail at [email protected] and emergency review, revisions to the Correction and Approval of Minutes [email protected], respectively, or by U.S. information collection, ‘‘Federal Home for January 20, 2011. Mail at Appraisal Subcommittee, 1401 Loan Bank Directors,’’ OMB No. 2590– Audit Division Recommendation H Street, NW., Suite 760, Washington, 0006. The revisions were approved Memorandum on the Georgia Federal DC 20005. under the Paperwork Reduction Act of Elections Committee. SUPPLEMENTARY INFORMATION: Consistent 1995, Public Law 104–13. Specifically, Kucinich for President, Inc.— with Title XI of the Financial FHFA requested review of revisions to Statement of Reasons—Repayment Institutions Reform, Recovery and the 2008 OMB-approved Federal Home Determination upon Administrative Enforcement Act of 1989, as amended Loan Bank Elective Director Eligibility Review. by section 1473(p) of the Act, the ASC Certification Form, the Federal Home must determine within six months of Loan Bank Appointive Director Audit Division Recommendation the Act’s enactment whether a national Application Form, and the Federal Memorandum on the Kansas Republican appraisal complaint hotline exists. In Home Loan Bank Appointive Director Party. making the determination, the ASC Certification Form. Since 2008, when Management and Administrative must consider whether a national the Federal Home Loan Banks’ (Bank) Matters. hotline exists to receive complaints of former regulator, the Federal Housing Individuals who plan to attend and noncompliance with appraisal Finance Board (Finance Board), last require special assistance, such as sign independence standards and the obtained OMB approval for this language interpretation or other Uniform Standards of Professional information collection, there have been reasonable accommodations, should Appraisal Practice. Further, the national statutory and regulatory changes contact Shawn Woodhead Werth, hotline must have the capability to affecting the use of the forms. The Commission Secretary, at (202) 694– receive complaints from appraisers, passage of the Housing and Economic 1040, at least 72 hours prior to the individuals, or other entities concerning Recovery Act of 2008 (HERA), Public hearing date. the improper influencing or attempted Law 110–289 (2008) amended section 7

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of the Federal Home Loan Bank Act please call the Office of General Counsel candidates are required to complete the (Bank Act) which provided for the at 202–414–6924. Federal Home Loan Bank Member appointment of a portion of each DATES: Interested persons may submit Director Eligibility Certification Form Federal Home Loan Bank’s board of comments on or before March 28, 2011. (Member Director Eligibility directors. The HERA amendments FOR FURTHER INFORMATION CONTACT: Certification Form), while independent resulted in needed revisions to the Patricia L. Sweeney, Management director candidates must complete the current OMB-approved forms associated Analyst, Division of FHLBank Federal Home Loan Bank Independent with these appointments. The first of Regulation, [email protected], Director Application Form (Independent the revisions to the forms includes (202) 408–2872 (this is not a toll-free Director Application Form). Part 1261 also requires that all directors certify renaming them respectively, the Federal number), Federal Housing Finance annually that they continue to meet all Home Loan Bank Member Director Agency, 1625 Eye Street, NW., eligibility requirements. See 12 CFR Eligibility Certification Form, the Washington, DC 20006; Eric M. 1261.12. Member directors do this by Federal Home Loan Bank Independent Raudenbush, Assistant General Counsel, completing the Member Director Director Application Form, and the [email protected], (202) 414– Eligibility Certification Form again every Federal Home Loan Bank Independent 6421 (this is not a toll-free number); year, while Independent Directors Director Annual Certification Form. A Federal Housing Finance Agency, complete the abbreviated Federal Home more detailed description of the Fourth Floor, 1700 G Street, NW., Loan Bank Independent Director remaining revisions is discussed below Washington, DC 20552. The telephone Annual Certification Form (Independent in Overview of the Information number for the Telecommunications Collection. FHFA requested emergency Director Annual Certification Form) to Device for the Hearing Impaired is (800) certify their ongoing eligibility. (These review of these revisions because the 877–8339. revised forms are being used in January three forms are hereinafter referred to 2011. These revisions did not result in A. Overview of the Information collectively as the ‘‘Bank Director a change in burden. Collection Forms.’’) Since 2008, when the Banks’ former To allow interested persons to Title of the Collection: Federal Home comment on this information collection, regulator, the Finance Board, last Loan Bank Directors. obtained OMB approval for this FHFA is publishing this notice and OMB No.: 2590–0006. plans to submit a request for a three- information collection, there have been Expires: July 31, 2011. statutory and regulatory changes year extension of OMB’s approval. Need and Use of the Information Comments regarding this information affecting the use of the forms. Prior to Collection: Section 7 of the Bank Act the passage of HERA, section 7 of the collection should be addressed to the vests the management of each Bank in Office of Information and Regulatory Bank Act provided for the appointment its board of directors. See 12 U.S.C. of a portion of each Bank’s board of Affairs of OMB, Attention: Desk Officer 1427(a)(1). As required by section 7, for the Federal Housing Finance directors by the Finance Board. HERA each Bank’s board comprises two types amended section 7 by replacing this Agency, Washington, DC 20503, Fax: of directors: (1) Member directors, who ‘‘appointive director’’ requirement with 202–395–6974, Email: are drawn from the officers and the current requirement that [email protected]. Please directors of member institutions located independent directors be elected by also submit comments to FHFA using in the Bank’s district and who are each Bank’s membership on an at-large any one of the following methods and elected every four years to represent basis. Because the eligibility include ‘‘Comments: Federal Home Loan members in a particular state; and (2) requirements and qualifications that Bank Directors (No. 2011–N–02)’’ as the independent directors, who are HERA established for independent subject: unaffiliated with any Bank member and directors are similar to those that • E-mail: [email protected]; who are elected every four years on an • previously applied to appointive Federal eRulemaking Portal: http:// at-large basis in each Bank district. See directors, FHFA made some minor www.regulations.gov. Follow the 12 U.S.C. 1427(b) and (d). Section 7 and revisions to the OMB-approved Federal instructions for submitting comments. If FHFA’s implementing regulation, Home Loan Bank Appointive Director you submit your comment to the codified at 12 CFR part 1261, establish Application Form to create the Federal eRulemaking Portal, please also the eligibility requirements for both Independent Director Application Form. send it by e-mail to FHFA at types of Bank directors and the Similarly, FHFA made some minor [email protected] to ensure qualifications for independent directors, revisions to the OMB-approved Federal timely receipt by FHFA. and set forth the procedures for their Home Loan Bank Appointive Director • U.S. Mail/Hand Delivery: Federal election. Certification Form to create the Housing Finance Agency, Fourth Floor, Under part 1261 of the regulations, Independent Director Annual 1700 G Street, NW., Washington, DC the Banks determine the eligibility of Certification Form. Although no 20552. nominees for member and independent significant changes were made, FHFA We will post all public comments we directorships and administer the annual also revised the OMB-approved Federal receive without change, including any director election process. As part of this Home Loan Bank Elective Director personal information you provide, such process, candidates for both types of Eligibility Certification Form in order to as your name and address, on the FHFA directorship, including incumbents, are conform to the new nomenclature website at http://www.fhfa.gov. In required to complete and return to the established by HERA and thereby addition, copies of all comments Bank a form that solicits information created the Member Director Eligibility received will be available for about the candidate’s statutory Certification Form. None of these examination by the public on business eligibility to serve and, in the case of revisions resulted in any change in the days between the hours of 10 a.m. and independent director candidates, about burden associated with the completion 3 p.m., at the Federal Housing Finance his or her qualifications for the of any of the Bank Director Forms. Agency, Fourth Floor, 1700 G Street, directorship being sought. See 12 CFR Affected Public: Private Sector. NW., Washington, DC 20552. To make 1261.7(c) and (f); 12 CFR 1261.14(b). Costs: FHFA estimates that there will an appointment to inspect comments, Specifically, member director be no annualized capital/start-up costs

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for the respondents to collect and individual taking an average of 30 minutes (.5 hours) (55 individuals × .5 submit the information. minutes (.5 hours) (100 individuals × .5 hours = 28 hours). Type of Respondents: Individuals hours = 50 hours). It also includes a C. Comment Request who are prospective and incumbent total annual average of 80 incumbent Bank Directors. member directors, with 1 response per FHFA requests written comments on B. Burden Estimate individual taking an average of 15 the following: (1) Whether the collection minutes (.25 hours) (80 individuals × of information is necessary for the FHFA estimates the total number of .25 hours = 20 hours). proper performance of FHFA functions, respondents is 295, which includes 160 including whether the information has prospective directors (100 member and 2. Prospective and Incumbent and practical utility; (2) the accuracy of 60 independent) and 135 incumbent Independent Directors FHFA’s estimates of the burdens of the directors (80 member and 55 collection of information; (3) ways to independent). As explained below, FHFA estimates the total annual enhance the quality, utility, and clarity FHFA estimates that the total annual average hour burden for all the of the information collected; and (4) hour burden for all respondents is 278 prospective and incumbent independent ways to minimize the burden of the hours. directors is 208. This includes a total collection of information on 1. Prospective and Incumbent Member annual average of 60 prospective respondents, including through the use Directors independent directors, with 1 response of automated collection techniques or per individual taking an average of 3 other forms of information technology. FHFA estimates the total annual × hours (60 individuals 3 hours = 180 Dated: January 19, 2011. average hour burden for all the hours). It also includes a total annual prospective and incumbent member Edward J. DeMarco, average of 55 incumbent independent directors is 70 hours. This includes a Acting Director, Federal Housing Finance directors, with 1 response per total annual average of 100 prospective Agency. individual taking an average of 30 member directors, with 1 response per BILLING CODE 8070–01–P

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[FR Doc. 2011–1825 Filed 1–27–11; 8:45 am] available for inspection at the offices of Services and Supports (Office of BILLING CODE 8070–01–C the Board of Governors. Interested CLASS) (BC).’’ persons may express their views in II. Under Part B, Section B.20 writing on the standards enumerated in Functions, establish a new Chapter BC, FEDERAL MARITIME COMMISSION the BHC Act (12 U.S.C. 1842(c)). If the ‘‘Office of Community Living Assistance proposal also involves the acquisition of Services and Supports (Office of Notice of Agreement Filed a nonbanking company, the review also CLASS)’’ to read as follows: includes whether the acquisition of the The Commission hereby gives notice nonbanking company complies with the of the filing of the following agreement Chapter BC, Office of Community standards in section 4 of the BHC Act under the Shipping Act of 1984. Living Assistance Services and (12 U.S.C. 1843). Unless otherwise Interested parties may submit comments Supports (Office of CLASS) noted, nonbanking activities will be on the agreement to the Secretary, conducted throughout the United States. BC.00 Mission Federal Maritime Commission, Unless otherwise noted, comments Washington, DC 20573, within ten days BC.10 Organization regarding each of these applications of the date this notice appears in the must be received at the Reserve Bank BC.20 Functions Federal Register. A copy of the indicated or the offices of the Board of agreement is available through the BC.00 Mission. The Office of Governors not later than February 24, Commission’s Web site (http:// Community Living Assistance Services 2011. www.fmc.gov) or by contacting the and Supports (Office of CLASS) is the A. Federal Reserve Bank of St. Louis Office of Agreements at (202)–523–5793 (Glenda Wilson, Community Affairs office with a primary focus on the or [email protected]. Officer) P.O. Box 442, St. Louis, efficient and effective implementation Agreement No.: 012082–001. and management of the provisions of Title: HSDG/CCNI Space Charter Missouri 63166–2034: 1. SBW Bancshares, Inc., Waterloo, Title VIII of the Affordable Care Act of Agreement. 2010—the Community Living Parties: Compania Chilena de Illinois; to become a bank holding Assistance Services and Supports Act Navegacion Interoceania S.A. (‘‘CCNI’’) company by acquiring 100 percent of (CLASS Act). and Hamburg-Sud. the voting shares of State Bank of Filing Parties: Wayne R. Rohde, Esq.; Waterloo, Waterloo, Illinois. BC.10 Organization. The head of the Cozen O’Connor; 1627 I Street, NW., Board of Governors of the Federal Reserve Office of CLASS reports to the Assistant Suite 1100; Washington, DC 20006. System, January 25, 2011. Secretary for Aging. Synopsis: The amendment would add Robert deV. Frierson, BC.20 Functions. The Office of Brazil to the geographic scope of the Deputy Secretary of the Board. CLASS will play an important role in Agreement and delete obsolete language [FR Doc. 2011–1919 Filed 1–27–11; 8:45 am] helping working adults who meet regarding duration of the Agreement. BILLING CODE 6210–01–P benefit eligibility requirements protect The Parties request expedited review. their independence and remain in the Dated: January 25, 2011. community through a cash benefit to By Order of the Federal Maritime DEPARTMENT OF HEALTH AND purchase long-term services and Commission. HUMAN SERVICES supports. The responsibilities of the Karen V. Gregory, Office of CLASS include: Establishing Secretary. Administration on Aging the national voluntary insurance [FR Doc. 2011–1913 Filed 1–27–11; 8:45 am] Statement of Organization, Functions, program; setting premiums; developing BILLING CODE P and Delegations of Authority and implementing rules for enrollment and eligibility systems; specifying and This reorganization of AoA designing the benefit; establishing FEDERAL RESERVE SYSTEM establishes the Office of Community systems for advice and assistance; Living Assistance Services and Supports supporting a protection and advocacy Formations of, Acquisitions by, and (Office of CLASS) and in doing so, network to serve eligible beneficiaries of Mergers of Bank Holding Companies capitalizes on the agency’s current the program; paying benefits and The companies listed in this notice administrative structures for purposes of handling related responsibilities; have applied to the Board for approval, implementing the Community Living convening and supporting two Federal pursuant to the Bank Holding Company Assistance Services and Supports Act Advisory Committees (the Personal Care Act of 1956 (12 U.S.C. 1841 et seq.) (CLASS Act). Attendants Workforce Advisory Panel (BHC Act), Regulation Y (12 CFR part FOR FURTHER INFORMATION CONTACT: Dan and the CLASS Independence Advisory 225), and all other applicable statutes Berger, Administration on Aging, Council); and liaising and coordinating and regulations to become a bank Washington, DC 20201, telephone 202– with a number of public and private holding company and/or to acquire the 357–3419. entities, including the Department of the assets or the ownership of, control of, or This notice amends Part B of the Treasury, the Social Security the power to vote shares of a bank or Statement of Organization, Functions, Administration, employers, and state and Delegations of Authority of the bank holding company and all of the Medicaid agencies. banks and nonbanking companies Department of Health and Human owned by the bank holding company, Services (HHS), Administration on Dated: January 25, 2011. including the companies listed below. Aging (AoA), as last amended at 75 FR Kathy Greenlee, The applications listed below, as well 18219–18228, dated April 9, 2010, as Assistant Secretary for Aging. as other related filings required by the follows: [FR Doc. 2011–1903 Filed 1–27–11; 8:45 am] Board, are available for immediate I. Under Part B, Section B.10 BILLING CODE 4154–01–P inspection at the Federal Reserve Bank Organization, insert the following: indicated. The application also will be ‘‘Office of Community Living Assistance

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DEPARTMENT OF HEALTH AND 2. Type of Information Collection DEPARTMENT OF HEALTH AND HUMAN SERVICES Request: Extension without change of a HUMAN SERVICES currently approved collection; Title of Centers for Medicare & Medicaid Information Collection: Chain Home Food and Drug Administration Services Office Cost Statement and supporting [Docket No. FDA–2010–N–0464] [Document Identifier CMS–10112 and CMS– Regulations in 42 CFR 413.17 and 287–05] 413.20; Use: The Form CMS–287–05 is Agency Information Collection filed annually by Chain Home Offices to Activities; Submission for Office of Agency Information Collection report the information necessary for the Management and Budget Review; Activities: Proposed Collection; determination of Medicare Comment Request; Testing Comment Request reimbursement to components of chain Communications on Biological organizations. However, where Products AGENCY: Centers for Medicare & providers are components of chain Medicaid Services. organizations, information included in AGENCY: Food and Drug Administration, In compliance with the requirement the chain home office cost statement is HHS. of section 3506(c)(2)(A) of the in addition to that included in the ACTION: Notice. Paperwork Reduction Act of 1995, the provider cost report and is needed to Centers for Medicare & Medicaid SUMMARY: The Food and Drug determine whether payments are Services (CMS) is publishing the Administration (FDA) is announcing appropriate. Form Number: CMS–287– following summary of proposed that a proposed collection of 05 (OMB# 0938–0202); Frequency: collections for public comment. information has been submitted to the Yearly; Affected Public: Business or Interested persons are invited to send Office of Management and Budget other for-profit and not-for-profit comments regarding this burden (OMB) for review and clearance under institutions; Number of Respondents: estimate or any other aspect of this the Paperwork Reduction Act of 1995. collection of information, including any 1,541; Total Annual Responses: 1,541; Total Annual Hours: 718,106. DATES: Fax written comments on the of the following subjects: (1) The collection of information by February necessity and utility of the proposed To obtain copies of the supporting 28, 2011. information collection for the proper statement and any related forms for the ADDRESSES: To ensure that comments on performance of the agency’s functions; proposed paperwork collections the information collection are received, (2) the accuracy of the estimated referenced above, access CMS’ Web Site OMB recommends that written burden; (3) ways to enhance the quality, at http://www.cms.hhs.gov/ utility, and clarity of the information to PaperworkReductionActof1995, or comments be faxed to the Office of be collected; and (4) the use of E-mail your request, including your Information and Regulatory Affairs, automated collection techniques or address, phone number, OMB number, OMB, Attn: FDA Desk Officer, FAX: 202–395–7285, or e-mailed to other forms of information technology to and CMS document identifier, to _ minimize the information collection [email protected], or call the oira [email protected]. All burden. Reports Clearance Office on (410) 786– comments should be identified with the 1. Type of Information Collection 1326. OMB control number 0910—New and Request: Extension without change of a title ‘‘Testing Communications on In commenting on the proposed currently approved collection; Title of Biological Products.’’ Also include the information collections please reference Information Collection: Phone Surveys FDA docket number found in brackets the document identifier or OMB control of Products and Services for Medicare in the heading of this document. number. To be assured consideration, Payment Validation and Supporting FOR FURTHER INFORMATION CONTACT: comments and recommendations must Regulations in 42 CFR 405.502. Use: Johnny Vilela, Office of Information be submitted in one of the following The phone surveys of products and Management, Food and Drug ways by March 29, 2011: services for Medicare payment Administration, 1350 Piccard Dr., PI50– validation and supporting regulations in 1. Electronically. You may submit 400B, Rockville, MD 20850, 301–796– 42 CFR 405.502 will be used to identify your comments electronically to http:// 7651, [email protected]. specific products/services provided to www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: In Medicare beneficiaries and the costs instructions for ‘‘Comment or compliance with 44 U.S.C. 3507, FDA associated with the provision of those Submission’’ or ‘‘More Search Options’’ has submitted the following proposed products/services. The information to find the information collection collection of information to OMB for collected will be used to validate the document(s) accepting comments. review and clearance. Medicare payment amounts for those 2. By regular mail. You may mail Testing Communications on Biological products/services and institute revisions written comments to the following Products—(OMB Control Number of payment amounts where necessary. address: CMS, Office of Strategic 0910—New) The respondents will be the companies Operations and Regulatory Affairs, that have provided the product/service Division of Regulations Development, FDA is authorized by section under review to Medicare beneficiaries. Attention: Document Identifier/OMB 1003(d)(2)(D) of the Federal Food Drug Form Number: CMS–10112 (OMB# Control Number, Room C4–26–05, 7500 and Cosmetic Act (21 U.S.C. 0938–0939); Frequency: Occasionally; Security Boulevard, Baltimore, 393(d)(2)(D)) (Attachment 2) to conduct Affected Public: Private sector— Maryland 21244–1850. educational and public information business or other for-profit; Number of programs relating to the safety of Respondents: 4,000; Total Annual Martique Jones, regulated biological products. FDA must Responses: 4,000; Total Annual Hours: Director, Regulations Development Division- conduct needed research to ensure that 16,000. (For policy questions regarding B, Office of Strategic Operations and such programs have the highest this collection contact Michael Rich at Regulatory Affairs. likelihood of being effective. FDA 410–786–6856. For all other issues call [FR Doc. 2011–1865 Filed 1–27–11; 8:45 am] expects that improving communications 410–786–1326.) BILLING CODE 4120–01–P about biological products including

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vaccines and blood products will strategies, messages, and labels. These messages in either individual or group involve many research methods, communications will aim to improve settings. including individual in-depth public understanding of the risks and Third, as evaluative research, it will interviews, mall-intercept interviews, benefits of using biological products allow FDA to ascertain the effectiveness focus groups, self-administered surveys, including vaccines and blood products of the messages and the distribution gatekeeper reviews, and omnibus by providing users with a better context method of these messages in achieving telephone surveys. in which to place risk information more the objectives of the message campaign. The information collected will serve completely. Evaluation of campaigns is a vital link three major purposes. First, as formative Second, as initial testing, it will allow in continuous improvement of research it will provide critical FDA to assess the potential effectiveness communications at FDA. knowledge needed about target of messages and materials in reaching In the Federal Register of October 5, audiences to develop messages and and successfully communicating with 2010 (75 FR 61492), FDA published a campaigns about biological product use. their intended audiences. Testing 60-day notice requesting public Knowledge of consumer and healthcare messages with a sample of the target comment on the proposed collection of professional decisionmaking processes audience will allow FDA to refine information. No comments were will provide the better understanding of messages while still in the received on the information collection. target audiences that FDA needs to developmental stage. Respondents will FDA estimates the burden of this design effective communication be asked to give their reaction to the collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Annual Total annual Hours per 21 CFR Section frequency Total hours respondents per response responses response

1003(d)(2)(D) ...... 16,448 1 16,448 0.1739 2,860

Total ...... 2,860 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: January 24, 2011. 400B, Rockville, MD 20850, 301–796– DEPARTMENT OF HEALTH AND Leslie Kux, 3793. HUMAN SERVICES Acting Assistant Commissioner for Policy. SUPPLEMENTARY INFORMATION: In the [FR Doc. 2011–1862 Filed 1–27–11; 8:45 am] Health Resources and Services Federal Register of October 25, 2010 (75 BILLING CODE 4160–01–P Administration FR 65491), the Agency announced that the proposed information collection had National Vaccine Injury Compensation DEPARTMENT OF HEALTH AND been submitted to OMB for review and Program: Revised Amount of the HUMAN SERVICES clearance under 44 U.S.C. 3507. An Average Cost of a Health Insurance Agency may not conduct or sponsor, Policy Food and Drug Administration and a person is not required to respond to, a collection of information unless it The Health Resources and Services [Docket No. FDA–2010–N–0411] displays a currently valid OMB control Administration (HRSA) is publishing an number. OMB has now approved the updated monetary amount of the Agency Information Collection information collection and has assigned average cost of a health insurance policy Activities; Announcement of Office of OMB control number 0910–0609. The as it relates to the National Vaccine Management and Budget Approval; approval expires on January 31, 2014. A Injury Compensation Program (VICP). Guide To Minimize Microbial Food copy of the supporting statement for this Section 100.2 of the VICP’s Safety Hazards of Fresh-Cut Fruits and information collection is available on implementing regulation (42 CFR Part Vegetables the Internet at http://www.reginfo.gov/ 100) states that the revised amounts of an average cost of a health insurance AGENCY: Food and Drug Administration, public/do/PRAMain. policy, as determined by the Secretary, HHS. Dated: January 24, 2011. are to be published periodically in a ACTION: Notice. Leslie Kux, notice in the Federal Register. This Acting Assistant Commissioner for Policy. figure is calculated using the most SUMMARY: The Food and Drug [FR Doc. 2011–1861 Filed 1–27–11; 8:45 am] recent Medical Expenditure Panel Administration (FDA) is announcing BILLING CODE 4160–01–P Survey—Insurance Component (MEPS– that a collection of information entitled IC) data available as the baseline for the ‘‘Guide to Minimize Microbial Food average monthly cost of a health Safety Hazards of Fresh-Cut Fruits and insurance policy. This baseline is Vegetables’’ has been approved by the adjusted by the annual percentage Office of Management and Budget increase/decrease obtained from the (OMB) under the Paperwork Reduction most recent annual Kaiser Family Act of 1995. Foundation and Health Research and FOR FURTHER INFORMATION CONTACT: Educational Trust (KFF/HRET) Denver Presley, Office of Information Employer Health Benefits survey or Management, Food and Drug other authoritative source that may be Administration, 1350 Piccard Dr., PI50– more accurate or appropriate.

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In 2010, MEPS–IC, available at DEPARTMENT OF HEALTH AND areas such as: Personal information, http://www.meps.ahrq.gov, published HUMAN SERVICES eligibility criteria, contact information, the annual 2009 average total single student identification number, training premium per enrolled employee at National Institutes of Health program selection, scientific discipline private-sector establishments that interests, educational history, Proposed Collection; Comment provide health insurance. The figure standardized examination scores, Request; NIH Office of Intramural reference information, resume published was $4,669. This figure is Training & Education Application divided by 12-months to determine the components, employment history, cost per month of $389.08. The $389.08 Summary: Under the provisions of employment interests, dissertation shall be increased or decreased by the Section 3507(a)(1)(D) of the Paperwork research details, letters of percentage change reported by the most Reduction Act of 1995, the Office of recommendation, financial aid history, recent KFF/HRET, available at http:// Intramural Training & Education, the sensitive data, future networking contact, travel information, as well as www.kff.org. The percentage increase National Institutes of Health (NIH) has feedback questions about interviews and was published at 5 percent. By adding submitted to the Office of Management and Budget (OMB) a request for review application submission experiences. this percentage increase, the calculated Sensitive data collected on the average monthly cost of a health and approval of the information collection listed below. This proposed applicants, race, gender, ethnicity and insurance policy for 12-month period is recruitment method, are made available $408.53. information collection was previously published in the Federal Register on only to OITE staff members or in The Department will periodically July 20, 2010 (Vol. 75, No. 138 on pages aggregate form to select NIH offices and (generally on an annual basis) 42097–42098) and allowed 60-days for are not used by the admission recalculate the average cost of a health public comment. No public comments committee for admission consideration; insurance policy by obtaining a new were received. The purpose of this optional to submit. figure from the latest MEPS–IC data and notice is to allow an additional 30 days Over the last several years the OITE updating this figure using the for public comment. The National has used three OMB Clearance Numbers percentage change(s) reported by the Institutes of Health may not conduct or for the collection of applications for the most recent data from KFF/HRET or sponsor, and the respondent is not training programs. To improve other authoritative source that may be required to respond to, an information announcement of all training programs more accurate or appropriate in the collection that has been extended, and lessen the burden of applicants, the future. The updated calculation will be revised, or implemented on or after OITE proposes to merge the following: • published as a notice in the Federal October 1, 1995, unless it displays a 0925–0299—NIH Intramural Research Register and filed with the Court. currently valid OMB control number. Training Award, Program Application Proposed Collection: Title: NIH Office • 0925–0438—Undergraduate Therefore, the Secretary announces Scholarship Program (UGSP) that the revised average cost of a health of Intramural Training & Education Application. Type of Information • 0925–0501—Graduate Student insurance policy under the VICP is Collection Request: REVISION. Need Training Program Application $408.53 per month. In accordance with and Use of Information Collection: The Renewing 0925–0299 OMB Clearance § 100.2, the revised amount was Office of Intramural Training & Number with the new name ‘‘Office of effective upon its delivery by the Education (OITE) administers a variety Intramural Training & Education Secretary to the United States Court of of programs and initiatives to recruit Application’’. Federal Claims. Such notice was pre-college through post-doctoral Frequency of Response: On occasion. delivered to the Court on January 7, educational level individuals into the Affected Public: Individuals seeking 2011. National Institutes of Health Intramural intramural training opportunities and Dated: January 21, 2011. Research Program (NIH–IRP) to facilitate references for these individuals. Type of Mary K. Wakefield, develop into future biomedical Respondents: Students, post- scientists. The proposed information baccalaureates, technicians, graduate Administrator. collection is necessary in order to students, and post-doctorates. There are [FR Doc. 2011–1965 Filed 1–27–11; 8:45 am] determine the eligibility and quality of no capital costs, operating costs, and/or BILLING CODE 4165–15–P potential awardees for traineeships in maintenance costs to report. these programs. The applications for The annual reporting burden is admission consideration include key displayed in the following table:

ESTIMATES OF HOUR BURDEN

Estimated Estimated number of Average Estimated Program number of responses burden total annual respondents annually per hours per burden hours respondent response

Summer Internship Program in Biomedical Research (SIP) ...... 8,500 1 0.75 6,375.0 Biomedical Engineering Summer Internship Program (BESIP) ...... 100 1 0.75 75.0 Post-baccalaureate Intramural Research Training Award ...... 2,300 1 0.75 1,725.0 NIH Academy ...... 550 1 0.75 412.5 Community College Summer Enrichment Program (CCSEP) ...... 125 1 0.75 93.8 Technical Intramural Research Training Award ...... 140 1 0.75 105.0 Graduate Partnerships Program (GPP) ...... 600 1 0.75 450.0 Post-Doctorate Fellowship Program ...... 2,050 1 0.75 1,537.5 National Graduate Student Research Festival (NGSRF) ...... 825 1 0.75 618.8 Undergraduate Scholarship Program (UGSP) ...... 300 1 0.75 225.0

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ESTIMATES OF HOUR BURDEN—Continued

Estimated Estimated number of Average Estimated Program number of responses burden total annual respondents annually per hours per burden hours respondent response

Alumni Database ...... 1,900 1 0.75 1,425.0 Recommendations for All Programs ...... 35,705 1 0.25 8,926.3 Supplemental Documents for Application ...... 14,540 1 0.75 10,905.0 Feedback Questions ...... 53,095 1 0.25 13,273.8 Totals ...... 120,730 ...... 46,147.5

Request for Comments: Written Dated: January 24, 2011. Place: Sheraton Delfina Hotel, 530 Pico comments and/or suggestions from the Michael M. Gottesman, Boulevard, Santa Monica, CA 90405. public and affected agencies should Deputy Director of Intramural Research, Contact Person: Yvonne Bennett, PhD, National Institutes of Health. Scientific Review Officer, Center for address one or more of the following Scientific Review, National Institutes of points: (1) Evaluate whether the [FR Doc. 2011–1872 Filed 1–27–11; 8:45 am] Health, 6701 Rockledge Drive, Room 5199, proposed collection of information is BILLING CODE 4140–01–P MSC 7846, Bethesda, MD 20892. 301–435– necessary for the proper performance of 1121. [email protected]. the function of the agency, including Name of Committee: Center for Scientific whether the information will have DEPARTMENT OF HEALTH AND Review Special Emphasis Panel, PAR–10– HUMAN SERVICES practical utility; (2) Evaluate the 235: Climate Change and Health. Date: March 1, 2011. accuracy of the agency’s estimate of the National Institutes of Health Time: 8:30 a.m. to 6 p.m. burden of the proposed collection of Agenda: To review and evaluate grant information, including the validity of Center for Scientific Review; Notice of applications. the methodology and assumptions used; Closed Meetings Place: The River Inn, 924 25th Street, NW., Washington, DC 20037. (3) Enhance the quality, utility, and Pursuant to section 10(d) of the clarity of the information to be Contact Person: Heidi B. Friedman, PhD, Federal Advisory Committee Act, as Scientific Review Officer, Center for collected; and (4) Minimize the burden amended (5 U.S.C. App.), notice is Scientific Review, National Institutes of of the collection of information on those hereby given of the following meetings. Health, 6701 Rockledge Drive, Room 1012A, who are to respond, including the use The meetings will be closed to the MSC 7770, Bethesda, MD 20892. 301–379– of appropriate automated, electronic, public in accordance with the 5632. [email protected]. mechanical, or other technological provisions set forth in sections Name of Committee: Center for Scientific collection techniques or other forms of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Special Emphasis Panel, PAR–10– information technology. as amended. The grant applications and 074: Technology Development for High- the discussions could disclose Throughput Structural Biology Research Direct Comments to OMB: Written (P01) Review. comments and/or suggestions regarding confidential trade secrets or commercial Date: March 1–2, 2011. property such as patentable material, the item(s) contained in this notice, Time: 9 a.m. to 5 p.m. and personal information concerning especially regarding the estimated Agenda: To review and evaluate grant individuals associated with the grant applications. public burden and associated response applications, the disclosure of which Place: National Institutes of Health, 6701 time, should be directed to the: Office would constitute a clearly unwarranted Rockledge Drive, Bethesda, MD 20892 of Management and Budget, Office of invasion of personal privacy. (Virtual Meeting). Regulatory Affairs, Contact Person: Raymond Jacobson, PhD, _ Name of Committee: Center for Scientific Scientific Review Officer, Center for OIRA [email protected] or by Review Special Emphasis Panel, PAR09– fax to 202–395–6974, Attention: Desk Scientific Review, National Institutes of 160,161,162: Cancer Health Disparities and Health, 6701 Rockledge Drive, Room 5858, Officer for NIH. To request more Diversity in Basic Cancer Research. MSC 7849, Bethesda, MD 20892. 301–996– information on the proposed project or Date: March 1, 2011. 7702. [email protected]. Time: 8 a.m. to 5 p.m. to obtain a copy of the data collection Name of Committee: Center for Scientific plans and instruments, contact: Dr. Agenda: To review and evaluate grant applications. Review Special Emphasis Panel, Patricia Wagner, Director of Admissions Place: Embassy Suites at the Chevy Chase Neurological Disorders, Aging and Eye & Registrar, Office of Intramural Pavilion, 4300 Military Road, NW., Disease. Training & Education, National Washington, DC 20015. Date: March 1–2, 2011. Institutes of Health, 2 Center Drive: Contact Person: Cathleen L. Cooper, PhD, Time: 10 a.m. to 3 p.m. Agenda: To review and evaluate grant Building 2/2E06, Bethesda, Maryland Scientific Review Officer, Center for Scientific Review, National Institutes of applications. 20892–0234, or call 240–476–3619 or E- Health, 6701 Rockledge Drive, Room 4208, Place: National Institutes of Health, 6701 mail your request, including your MSC 7812, Bethesda, MD 20892. 301–443– Rockledge Drive, Bethesda, MD 20892 address to: [email protected]. 4512. [email protected]. (Virtual Meeting). Name of Committee: Center for Scientific Contact Person: Kevin Walton, PhD, Comments Due Date: Comments Scientific Review Officer, Center for regarding this information collection are Review Special Emphasis Panel, Fellowships: Brain Disorders and Related Scientific Review, National Institutes of best assured of having their full effect if Neuroscience. Health, 6701 Rockledge Drive, Room 5200, received within 30-days of the date of Date: March 1–2, 2011. MSC 7846, Bethesda, MD 20892. 301–435– this publication. Time: 8 a.m. to 5 p.m. 1785. [email protected]. Agenda: To review and evaluate grant Name of Committee: Center for Scientific applications. Review Special Emphasis Panel, PA09–064:

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Seizure Mitigation Through Continuous EEG Scientific Review, National Institutes of Place: George Washington University Inn, with Responsive Vagus Nerve Stimulation. Health, 6701 Rockledge Drive, Room 5100, 824 New Hampshire Avenue, NW., Date: March 1, 2011. MSC 7854, Bethesda, MD 20892. (301) 435– Washington, DC 20037. Time: 12 p.m. to 5 p.m. 1179. [email protected]. Contact Person: Scott Jakes, PhD, Scientific Agenda: To review and evaluate grant Name of Committee: Center for Scientific Review Officer, Center for Scientific Review, applications. Review Special Emphasis Panel, Small National Institutes of Health, 6701 Rockledge Place: Sheraton Delfina Hotel, 530 Pico Business: Biobehavioral and Behavioral Drive, Room 4198, MSC 7812, Bethesda, MD Boulevard, Santa Monica, CA 90405. Processes across the Lifespan. 20892. 301–495–1506. [email protected]. Contact Person: Keith Crutcher, PhD, Date: March 3–4, 2011. Name of Committee: Center for Scientific Scientific Review Officer, Center for Time: 8 a.m. to 6 p.m. Review Special Emphasis Panel, Small Scientific Review, National Institutes of Agenda: To review and evaluate grant Business: Molecular, Cellular, and Health, 6701 Rockledge Drive, Room 5207, applications. Developmental Neurobiology. MSC 7846, Bethesda, MD 20892. 301–435– Place: Doubletree Guest Suites Santa Date: March 4, 2011. 1278. [email protected]. Monica Hotel, 1707 Fourth Street, Santa Time: 10 a.m. to 5 p.m. Name of Committee: Center for Scientific Monica, CA 90401. Agenda: To review and evaluate grant Review Special Emphasis Panel, Contact Person: Biao Tian, PhD, Scientific applications. Collaboration with NCBCs. Review Officer, Center for Scientific Review, Place: Sheraton Delfina Hotel, 530 Pico Date: March 2–3, 2011. National Institutes of Health, 6701 Rockledge Boulevard, Santa Monica, CA 90405. Time: 8 a.m. to 5 p.m. Drive, Room 3089B, MSC 7848, Bethesda, Contact Person: Paek-Gyu Lee, PhD, Agenda: To review and evaluate grant MD 20892. (301) 402–4411. Scientific Review Officer, Center for applications. [email protected]. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4201, Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel, Risk MSC 7812, Bethesda, MD 20892. (301) 435– (Virtual Meeting). Prevention and Intervention Addictions: 1277. [email protected]. Contact Person: Ping Fan, MD, PhD, Overflow. Name of Committee: Center for Scientific Scientific Review Officer, Center for Date: March 3–4, 2011. Review Special Emphasis Panel, Immune Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Mechanism. Health, 6701 Rockledge Drive, Room 5154, Agenda: To review and evaluate grant Date: March 4, 2011. MSC 7840, Bethesda, MD 20892. 301–408– applications. Time: 6:30 p.m. to 8 p.m. 9971. [email protected]. Place: Courtyard by Marriott, 5520 Agenda: To review and evaluate grant Wisconsin Avenue, Chevy Chase, MD 20815. Name of Committee: Center for Scientific applications. Contact Person: Gabriel B. Fosu, PhD, Place: George Washington University Inn, Review Special Emphasis Panel, PAR10–182: Scientific Review Officer, Center for Assay Development for High Throughput 824 New Hampshire Avenue, NW., Scientific Review, National Institutes of Washington, DC 20037. Molecular Screening (R21). Health, 6701 Rockledge Drive, Room 3108, Date: March 2–3, 2011. Contact Person: Scott Jakes, PhD, Scientific MSC 7808, Bethesda, MD 20892. (301) 435– Review Officer, Center for Scientific Review, Time: 8 a.m. to 5 p.m. 3562. [email protected]. Agenda: To review and evaluate grant National Institutes of Health, 6701 Rockledge Name of Committee: Center for Scientific applications. Sheraton Delfina Hotel, 530 Drive, Room 4198, MSC 7812, Bethesda, MD Review Special Emphasis Panel Fellowship: Pico Boulevard, Santa Monica, CA 90405. 20892. 301–495–1506. [email protected]. F07 Immunology Fellowship AREA. Contact Person: Joseph D. Mosca, PhD, (Catalogue of Federal Domestic Assistance Date: March 3–4, 2011. Program Nos. 93.306, Comparative Medicine; Scientific Review Officer, Center for Time: 8 a.m. to 2 p.m. 93.333, Clinical Research, 93.306, 93.333, Scientific Review, National Institutes of Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, Health, 6701 Rockledge Drive, Room 5158, applications. 93.846–93.878, 93.892, 93.893, National MSC 7808, Bethesda, MD 20892. (301) 435– Place: Hyatt Regency Bethesda, One [email protected]. Bethesda Metro Center, 7400 Wisconsin Institutes of Health, HHS) Name of Committee: Center for Scientific Avenue, Bethesda, MD 20814. Dated: January 24, 2011. Review Special Emphasis Panel, Cancer Contact Person: Calbert A. Laing, PhD, Jennifer S. Spaeth, Diagnostics and Treatments (CDT) SBIR/ Scientific Review Officer, Center for Director, Office of Federal Advisory STTR. Scientific Review, National Institutes of Committee Policy. Date: March 2–3, 2011. Health,6701 Rockledge Drive, Room 4210, Time: 10 a.m. to 6 p.m. MSC 7812, Bethesda, MD 20892. 301–435– [FR Doc. 2011–1874 Filed 1–27–11; 8:45 am] Agenda: To review and evaluate grant 1221. [email protected]. BILLING CODE 4140–01–P applications. Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Rockledge Drive, Bethesda, MD 20892 Fellowships: Behavioral Neuroscience. DEPARTMENT OF HEALTH AND (Virtual Meeting). Date: March 3–4, 2011. HUMAN SERVICES Contact Person: Zhang-Zhi Hu, MD, Time: 8 a.m. to 5 p.m. Scientific Review Officer, Center for Agenda: To review and evaluate grant National Institutes of Health Scientific Review, National Institutes of applications. Health, 6701 Rockledge Drive, Room 6186, Place: Sheraton Delfina Hotel, 530 Pico National Institute of Dental & MSC 7804, Bethesda, MD 20892. (301) 435– Boulevard, Santa Monica, CA 90405. Craniofacial Research; Notice of 1710. [email protected]. Contact Person: Kristin Kramer, PhD, Closed Meeting Name of Committee: Center for Scientific Scientific Review Officer, Center for Review Special Emphasis Panel, Fellowship: Scientific Review, National Institutes of Pursuant to section 10(d) of the Surgical Sciences, Biomedical Imaging and Health, 6701 Rockledge Drive, Room 5205, Federal Advisory Committee Act, as Bioengineering. MSC 7846, Bethesda, MD 20892. (301) 437– amended (5 U.S.C. App.), notice is Date: March 2, 2011. 0911. [email protected]. hereby given of the following meeting. Time: 11 a.m. to 5 p.m. Name of Committee: Center for Scientific The meeting will be closed to the Agenda: To review and evaluate grant Review Special Emphasis Panel, Small public in accordance with the applications. Business: Non-HIV Microbial Vaccine provisions set forth in sections Place: National Institutes of Health, 6701 Development. Rockledge Drive, Bethesda, MD 20892 Date: March 4, 2011. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (Telephone Conference Call). Time: 8 a.m. to 6:30 p.m. as amended. The grant applications and Contact Person: Eileen W. Bradley, DSC, Agenda: To review and evaluate grant the discussions could disclose Scientific Review Officer, Center for applications. confidential trade secrets or commercial

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property such as patentable material, Boulevard, Bethesda, MD 20892 (Telephone This Federal Register Notice has and personal information concerning Conference Call). been amended to change the meeting individuals associated with the grant Contact Person: Marilyn Moore-Hoon, PhD, location. The meeting will be held at the applications, the disclosure of which Scientific Review Officer, Scientific Review Sheraton Los Angeles Downtown Hotel. Branch, National Institute of Dental and would constitute a clearly unwarranted Craniofacial Research, 6701 Democracy The meeting is closed to the public. invasion of personal privacy. Blvd., Rm. 676, Bethesda, MD 20892–4878, Dated: January 24, 2011. Name of Committee: NIDCR Special Grants 301–594–4861, [email protected]. Jennifer S. Spaeth, Review Committee; NIDCR Special Grants Name of Committee: National Institute of Director, Office of Federal Advisory Review Committee: Review of F, K, and R03 Dental and Craniofacial Research Special Committee Policy. Applications. Emphasis Panel, NIDCR T32, T90/R90 Date: February 24–25, 2011. Review. [FR Doc. 2011–1875 Filed 1–27–11; 8:45 am] Time: 8 a.m. to 5:30 p.m. Date: March 3, 2011. BILLING CODE 4140–01–P Agenda: To review and evaluate grant Time: 8 a.m. to 5 p.m. applications. Agenda: To review and evaluate grant Place: Hyatt Regency Bethesda, One applications. DEPARTMENT OF HEALTH AND Bethesda Metro Center, 7400 Wisconsin Place: Bethesda North Marriott Hotel & HUMAN SERVICES Avenue, Bethesda, MD 20814. Conference Center, 5701 Marinelli Road, Contact Person: Raj K. Krishnaraju, PhD, Bethesda, MD 20852. National Institutes of Health MS, Scientific Review Officer, Scientific Contact Person: Rebecca Wagenaar Miller, Review Branch, National Inst. of Dental & PhD, Scientific Review Officer, Scientific National Institute of Environmental Craniofacial Research, National Institutes of Review Branch, National Inst of Dental & Health Sciences; Notice of Closed Health, 45 Center Dr. Rm 4AN 32J, Bethesda, Craniofacial Research, National Institutes of Meeting MD 20892, 301–594–4864, Health, 6701 Democracy, Rm 666, Bethesda, [email protected]. MD 20892, 301–594–0652, Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance [email protected]. Federal Advisory Committee Act, as Program Nos. 93.121, Oral Diseases and Name of Committee: National Institute of amended (5 U.S.C. App.), notice is Disorders Research, National Institutes of Dental and Craniofacial Research Special hereby given of the following meeting. Health, HHS) Emphasis Panel, GWAS Statistical Methods R03. The meeting will be closed to the Dated: January 24, 2011. Date: March 7, 2011. public in accordance with the Jennifer S. Spaeth, Time: 1 p.m. to 3:30 p.m. provisions set forth in sections Director, Office of Federal Advisory Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. applications. as amended. The grant applications and [FR Doc. 2011–1877 Filed 1–27–11; 8:45 am] Place: NIDCR/NIH, Democracy 1, Bethesda, the discussions could disclose MD 20892 (Telephone Conference Call). BILLING CODE 4140–01–P confidential trade secrets or commercial Contact Person: Marilyn Moore-Hoon, PhD, property such as patentable material, Scientific Review Officer, Scientific Review Branch, National Institute of Dental and and personal information concerning DEPARTMENT OF HEALTH AND Craniofacial Research, 6701 Democracy individuals associated with the grant HUMAN SERVICES Blvd., Rm. 676, Bethesda, MD 20892–4878, applications, the disclosure of which 301–594–4861, [email protected]. would constitute a clearly unwarranted National Institutes of Health (Catalogue of Federal Domestic Assistance invasion of personal privacy. National Institute of Dental & Program Nos. 93.121, Oral Diseases and Name of Committee: National Institute of Disorders Research, National Institutes of Environmental Health Sciences Special Craniofacial Research; Notice of Health, HHS). Closed Meetings Emphasis Panel; Outstanding New Dated: January 24, 2011. Environmental Scientist Award. Pursuant to section 10(d) of the Jennifer S. Spaeth, Date: February 24, 2011. Time: 8:30 a.m. to 6 p.m. Federal Advisory Committee Act, as Director, Office of Federal Advisory amended (5 U.S.C. App.), notice is Agenda: To review and evaluate grant Committee Policy. applications. hereby given of the following meetings. [FR Doc. 2011–1882 Filed 1–27–11; 8:45 am] The meetings will be closed to the Place: Nat. Inst. of Environmental Health BILLING CODE 4140–01–P Sciences, Building 101, Rodbell Auditorium, public in accordance with the 111 T. W. Alexander Drive, Research provisions set forth in sections Triangle Park, NC 27709. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HEALTH AND Contact Person: Teresa Nesbitt, PhD, DVM, as amended. The grant applications and HUMAN SERVICES Chief, Scientific Review Branch, Division of the discussions could disclose Extramural Research and Training, Nat’l confidential trade secrets or commercial National Institutes of Health Institute of Environmental Health Sciences, property such as patentable material, P.O. Box 12233, MD EC–30, Research and personal information concerning National Institute of Biomedical Triangle Park, NC 27709, (919) 541–7571, individuals associated with the grant Imaging and Bioengineering; Amended [email protected]. applications, the disclosure of which Notice of Meeting (Catalogue of Federal Domestic Assistance would constitute a clearly unwarranted Program Nos. 93.115, Biometry and Risk Notice is hereby given of a change in Estimation—Health Risks from invasion of personal privacy. the meeting of the National Institute of Environmental Exposures; 93.142, NIEHS Name of Committee: National Institute of Biomedical Imaging and Bioengineering Hazardous Waste Worker Health and Safety Dental and Craniofacial Research Special Special Emphasis Panel, March 14, Training; 93.143, NIEHS Superfund Emphasis Panel. 2011, 6 p.m. to March 16, 2011, 12 p.m., Hazardous Substances—Basic Research and Date: March 1, 2011. Education; 93.894, Resources and Manpower Time: 3 p.m. to 4:30 p.m. Sheraton Los Angeles Downtown Hotel, Development in the Environmental Health Agenda: To review and evaluate grant 711 South Hope Street, Los Angeles, Sciences; 93.113, Biological Response to applications. CA, 90017 which was published in the Environmental Health Hazards; 93.114, Place: National Institutes of Health, One Federal Register on January 5, 2011, 76 Applied Toxicological Research and Testing, Democracy Plaza, 6701 Democracy FR 572. National Institutes of Health, HHS)

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Dated: January 24, 2011. your responses to development or other stages) impacts Jennifer S. Spaeth, [email protected]; or breast cancer risk. Director, Office of Federal Advisory 2. Mail or fax your responses in a (2) Differences in the type and extent Committee Policy. letter to the attention of the contact of environmental exposures which help [FR Doc. 2011–1873 Filed 1–27–11; 8:45 am] person listed in the FOR FURTHER explain the differential distribution of BILLING CODE 4140–01–P INFORMATION CONTACT section of this breast cancer subtypes in the U.S. document. population. (3) How windows of susceptibility FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND during the life-course can be integrated Jennifer B. Collins, Division of HUMAN SERVICES into a complex systems biology Extramural Research and Training, approach to better understand the role NIEHS, P.O. Box 12233, MD K3–12, National Institutes of Health of the environment and breast cancer. RTP, NC 27709; Telephone: 919–541– (4) How additional insight into National Institute of Environmental 0117, FAX: 919–541–2860, E-mail: normal mammary gland development Health Sciences (NIEHS); Request for [email protected]. Information (NOT–ES–11–006): through research using cell lines and Interagency Breast Cancer and SUPPLEMENTARY INFORMATION: animal models can enhance our understanding of environmental Environmental Research Coordinating Background Committee exposures and mammary The Committee’s primary mission is carcinogenesis. AGENCY: National Institute of to facilitate the efficient and effective (5) The technologies and analytic Environmental Health Sciences exchange of information on breast capacity needed to accurately measure (NIEHS), National Institutes of Health cancer research activities among the environmental exposures (including (NIH). member agencies, and to advise the NIH biological dose) and to develop markers ACTION: Request for information. and other Federal agencies in the of early damage relevant to breast cancer solicitation of proposals for risk. SUMMARY: The Interagency Breast Cancer collaborative, multidisciplinary (6) The translation of research and Environmental Research research, including proposals to further findings to the public about the Coordinating Committee is a evaluate environmental and genomic environment and breast cancer risk congressionally mandated body factors that may be related to the considering the timing, and the strength established by the National Institute of etiology of breast cancer. The of evidence, and the roles of community Environmental Health Sciences Committee serves as a forum and assists and advocacy groups. (NIEHS), in collaboration with the in increasing public understanding of (7) Engagement of advocacy National Cancer Institute (NCI). This the member agencies’ activities, organizations to ensure that Committee is comprised of 19 voting programs, policies, and research, and in members, including representatives of environmental exposures of greatest bringing important matters of interest interest and concern are studied and the Federal agencies; non-federal scientists, forward for discussion. physicians, and other health role of media, data access, and Definition of Environment: For the professionals from clinical, basic, and publication access in this process. purpose of this RFI, ‘‘environment’’ is public health sciences; and advocates (8) Approaches and effective models broadly defined as any factors that are for individuals with breast cancer. for coordination and collaboration The IBCERCC is charged with non-genetic in nature. This can include among research agencies of the Federal reviewing all research efforts within the environmental chemicals, radiation, Government to identify emerging U.S. Department of Health and Human biological agents, pharmaceuticals, opportunities in and programs to study Services (HHS) concerning the nutritional factors, and psychosocial environmental causes of breast cancer, environmental and genomic factors and behavioral stressors. such as in peer review, collaborative related to the etiology of breast cancer, Definition of Systems Biology: For the program development, and models for and developing a comprehensive purpose of this RFI, ‘‘systems biology’’ supporting cross-agency opportunities. summary of advances and refers to a holistic approach to the study This Request for Information (RFI) is recommendations regarding research of breast cancer etiology with the for information and planning purposes gaps and needs for the Secretary of objective of simultaneously monitoring only and should not be construed as a HHS. all biological processes and solicitation or as an obligation on the This Request for Information (RFI) is environmental exposures operating as part of the Federal Government, the directed toward addressing questions an integrated system. National Institutes of Health (NIH), National Institute of Environmental relevant to the Committee’s mandate. Information Requested The RFI was announced in the NIH Health Sciences (NIEHS) and or the Guide on January 13, 2011, and is Input is invited on the items listed National Cancer Institute (NCI). The available at http://grants.nih.gov/grants/ below and will be used as a resource by NIH does not intend to award a grant or guide/notice-files/NOT-ES-11-006.html. the IBCERCC members during the contract to pay for the preparation of DATES: A response is requested by development of the comprehensive any information submitted or for the February 16, 2011. Responses received summary of advances and NIH’s use of such information. after February 16, 2011 will be recommendations regarding research Respondents will not be notified of the considered to the extent possible. gaps and needs for the Secretary of NIH evaluation of the information Responses: Please send responses to HHS. Comment on each item is received. No basis for claims against the the IBCERCC ([email protected]) by optional. NIH shall arise as a result of a response February 16, 2011. The following are (1) How susceptibility to the effects of to this request for information or the acceptable ways to submit your environmental exposures in sub-groups NIH’s use of such information as either responses: of the population (resulting from factors part of our evaluation process or in 1. Copy and paste the questions into such as genetic or epigenetic variability, developing specifications for any the body of an e-mail message and send or timing of exposure during subsequent announcement. Responses

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will be held confidential. Proprietary • E-mail: upon how well critical infrastructure information should not be sent. [email protected]. Include owners and operators and members of Dated: January 19, 2011. the docket number in the subject line of the general public understand the key Linda S. Birnbaum, the message. concepts, are aware of their contribution • Fax: (202) 395–5806. to achieve a shared national goal, Director, National Institute of Environmental Instructions: All submissions received Health Sciences and National Toxicology participate in public-private Program. must include the words ‘‘Department of partnerships, and are motivated to take Homeland Security’’ and the docket action. However, IP has never [FR Doc. 2011–1871 Filed 1–27–11; 8:45 am] number for this action. Comments conducted a comprehensive feedback BILLING CODE 4140–01–P received will be posted without assessment with the full range of its alteration at http://www.regulations.gov, stakeholders to identify, measure, and including any personal information improve the effectiveness of its efforts. DEPARTMENT OF HOMELAND provided. IP desires to collect information from its SECURITY OMB is particularly interested in stakeholders in order to: comments that: • Provide a baseline for the [Docket No. DHS–2010–0084] 1. Evaluate whether the proposed effectiveness of efforts to improve the National Protection and Programs collection of information is necessary security of the nation’s infrastructure; • Directorate; Agency Information for the proper performance of the Assist in validating and achieving Collection Activities; Office of functions of the agency, including IP’s strategic and mission area Infrastructure Protection; whether the information will have objectives; • Infrastructure Protection Stakeholder practical utility; Obtain a better understanding of the Input Project—Generic Clearance 2. Evaluate the accuracy of the evolving infrastructure protection and agency’s estimate of the burden of the resiliency requirements of IP’s AGENCY: National Protection and proposed collection of information, stakeholders; Programs Directorate, DHS. including the validity of the • Increase the visibility and ACTION: 30-day notice and request for methodology and assumptions used; awareness of the critical infrastructure comments; New Information Collection 3. Enhance the quality, utility, and protection and resilience mission; • Request: 1670–NEW. clarity of the information to be Initiate the coordination and collected; and uniformity of outreach efforts by IP, SUMMARY: The Department of Homeland 4. Minimize the burden of the sector-specific agencies, and other Security (DHS), National Protection and collection of information on those who partners engaged in the infrastructure Programs Directorate (NPPD), Office of are to respond, including through the protection mission; and Infrastructure Protection (IP), will use of appropriate automated, • Collect feedback regarding event, submit the following information electronic, mechanical, or other threat or service-specific activities in a collection request (ICR) to the Office of technological collection techniques or timely fashion. Management and Budget (OMB) for other forms of information technology, Analysis review and clearance in accordance e.g., permitting electronic submissions with the Paperwork Reduction Act of of responses. Agency: Department of Homeland 1995 (Pub. L. 104–13, 44 U.S.C. Chapter FOR FURTHER INFORMATION CONTACT: If Security, National Protection and 35). IP is soliciting comments additional information is required, Programs Directorate. concerning this New Information contact DHS/NPPD/IP, Michael Beland, Title: Infrastructure Protection Collection Request, Infrastructure (703) 235–3696, Stakeholder Input Project—Generic Protection Stakeholder Input Project— [email protected]. Clearance. Generic Clearance. DHS previously OMB Number: 1670–NEW. SUPPLEMENTARY INFORMATION: The published this information collection Homeland Security Act of 2002 and IP Stakeholder Input Project—Surveys request (ICR) in the Federal Register on Homeland Security Presidential November 4, 2010, at 75 FR 67989, for Frequency: On occasion. Directive 7 (HSPD–7) call for DHS to Affected Public: Private sector and a 60-day public comment period. No coordinate the overall effort to enhance comments were received by DHS. The non-Federal infrastructure protection the protection of the Nation’s critical community. purpose of this notice is to allow infrastructure and key resources. additional 30 days for public comments. Number of Respondents: 5,980. Specifically, HSPD–7 states that DHS Estimated Time per Respondent: 40 DATES: Comments are encouraged and ‘‘shall establish appropriate systems, minutes. will be accepted until February 28, mechanisms, and procedures to share Total Burden Hours: 3,056 annual 2011. This process is conducted in homeland security information relevant burden hours. accordance with 5 CFR 1320.10. to threats and vulnerabilities in national Total Burden Cost (capital/startup): ADDRESSES: Interested persons are critical infrastructure and key resources $0. invited to submit written comments on with other Federal departments and Total Burden Cost (operating/ the proposed information collection to agencies, State and local governments, maintaining): $0. the Office of Information and Regulatory and the private sector in a timely Affairs, OMB. Comments should be manner.’’ DHS designated IP to lead IP Stakeholder Input Project—Focus addressed to the OMB Desk Officer, these efforts. Groups Department of Homeland Security, Given that the vast majority of the Frequency: On occasion. Office of Civil Rights and Civil Liberties. Nation’s critical infrastructure and key Affected Public: Private sector and Comments must be identified by DHS– resources in most sectors are privately non-Federal infrastructure protection 2010–0084 and may be submitted by owned or controlled, IP’s success in community. one of the following methods: achieving the homeland security Number of Respondents: 260. • Federal eRulemaking Portal: http:// mission for critical infrastructure Estimated Time per Respondent: 2 www.regulations.gov . protection and resilience is dependent hours.

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Total Burden Hours: 520 annual FOR FURTHER INFORMATION CONTACT: information and loan documentation to burden hours. Reports Management Officer, QDAM, demonstrate that they meet program Total Burden Cost (capital/startup): Department of Housing and Urban eligibility guidelines to receive mortgage $0. Devlopment, 451 7th Street, SW., relief assistance through EHLP. Total Burden Cost (operating/ Washington, DC 20410, e-mail This Notice is soliciting comments maintaining): $0. [email protected]; telephone from members of the public and affected IP Stakeholder Input Project—Interviews (202) 402–3400. This is not a toll-free agencies concerning the proposed number. Copies of available documents collection of information to: (1) Evaluate Frequency: On occasion. submitted to OMB may be obtained whether the proposed collection of Affected Public: Private sector and from Ms. Pollard. information is necessary for the proper non-federal infrastructure protection SUPPLEMENTARY INFORMATION: This performance of the functions of the community. Notice informs the public that the U.S. agency, including whether the Number of Respondents: 60. Department of Housing and Urban information will have practical utility; Estimated Time per Respondent: 1 Development (HUD) has submitted to (2) Evaluate the accuracy of the agency’s hour. OMB, for emergency processing, an estimate of the burden of the proposed Total Burden Hours: 60 annual information collection package with collection of information; (3) Enhance burden hours. Total Burden Cost (capital/startup): respect to implementing the Emergency the quality, utility, and clarity of the $0. Homeowners’ Loan Program targeted to information to be collected; and (4) Total Burden Cost (operating/ borrowers facing foreclosure. Minimize the burden of the collection of maintaining): $0. The Dodd-Frank Wall Street Reform information on those who are to and Consumer Protection Act, 2010 respond; including the use of Dated: January 21, 2011. (Pub. L. 111–203, approved July 21, appropriate automated collection David Epperson, 2010, Sec 1496) appropriated $1billion techniques or other forms of information Chief Information Officer, National Protection to HUD to establish an Emergency technology, e.g., permitting electronic and Programs Directorate, Department of Homeowner’s Relief Fund, pursuant to submission of responses. Homeland Security. section 107 of the Emergency Housing This Notice also lists the following [FR Doc. 2011–1897 Filed 1–27–11; 8:45 am] Act of 1975, that will provide information: BILLING CODE P emergency mortgage assistance to Title of Proposal: Emergency homeowners that are at risk of Homeowners’ Loan Program Data foreclosure due to involuntary Elements. DEPARTMENT OF HOUSING AND unemployment or underemployment Description of the need for the URBAN DEVELOPMENT due to an adverse economic or medical information and proposed use: This condition. Accordingly, HUD will [Docket No. FR–5484–N–01] information collection is necessary to implement the Emergency Homeowners determine applicant eligibility to Loan Program (EHLP) that is designed to Notice of Proposed Information receive mortgage relief assistance under offer a declining balance, deferred Collection: Comment Request; the Emergency Homeowners’ Loan payment ‘‘bridge loan’’ (non-recourse, Emergency Homeowners’ Loan Program. Program Data Elements subordinate loan with zero interest) for up to $50,000 to assist eligible OMB Control Number, if applicable: AGENCY: Office of the Assistant homeowners with payments of 2502–XXXX (New). Secretary for Housing-Federal Housing arrearages, including delinquent taxes Agency form numbers, if applicable: Commissioner, HUD. and insurance plus up to 24 months of None. ACTION: Notice of proposed information monthly payments on their mortgage Member of Affected Public: collection. principal, interest, mortgage insurance Emergency Homeowners’ Loan Program premiums, taxes, and hazard insurance. Data Elements. SUMMARY: The proposed information The Emergency Homeowners Loan Estimation of the total numbers of collection requirement described below Program is designed by HUD to meet the hours needed to prepare the information will be submitted to the Office of statutory directive and provides funding collection including number of Management and Budget (OMB) for to support mortgage relief assistance. respondents, frequency of response, and review, as required by the Paperwork HUD will use two approaches to hours of response: The total number of Reduction Act. The Department is implement EHLP: (1) Provide respondents are estimated to be 36,264; soliciting public comments on the allocations to States that currently have the frequency of response (one time) for subject proposal. substantially similar programs to initial intake and an on-occasion DATES: Comments Due Date: February administer their mortgage relief funds response to re-certify changes in 28, 2011. directly; and (2) delegate key required eligibility data, the estimated ADDRESSES: Interested persons are administrative functions to third party time needed to prepare the response invited to submit comments regarding entities that will assist HUD with averages 3 hours ; and the total this proposal. Comments must be program implementation. The third estimated annual burden hours are received within thirty (30) days from the party entities will be primarily 108,792. date of this Notice. Comments should responsible for application intake, Authority: The Paperwork Reduction Act refer to the proposal by name/or OMB eligibility screening, funds control, of 1995, 44 U.S.C., Chapter 35, as amended. approval number and should be sent to: payment distribution, and note HUD Desk Officer, Office of processing. Dated: January 24, 2011. Management and Budget, New Homeowners’ (borrowers’) Ronald Y. Spraker, Executive Office Building, Washington, participation in the program is Associate General Deputy Assistant Secretary DC 20503; e-mail: voluntary. However, to help determine for Housing. [email protected]; fax: eligibility for assistance borrowers must [FR Doc. 2011–1896 Filed 1–27–11; 8:45 am] (202) 395–3086. submit the required application BILLING CODE 4210–72–P

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DEPARTMENT OF HOUSING AND information technology, e.g., permitting SUMMARY: This Notice identifies URBAN DEVELOPMENT electronic submission of responses. unutilized, underutilized, excess, and This Notice also lists the following surplus Federal property reviewed by [Docket No. FR–5484–N–02] information: HUD for suitability for possible use to Title of Proposal: Application for assist the homeless. Notice of Proposed Information Multifamily Project Mortgage Insurance. FOR FURTHER INFORMATION CONTACT: Collection: Comment Request; OMB Control Number, if applicable: Juanita Perry, Department of Housing Application for Multifamily Project 2502–0029. and Urban Development, 451 Seventh Mortgage Insurance Description of the need for the Street, SW., Room 7262, Washington, AGENCY: Office of the Assistant information and proposed use: HUD DC 20410; telephone (202) 708–1234; Secretary for Housing, HUD. reviews the information collection to TTY number for the hearing- and determine the acceptability of the ACTION: Notice. speech-impaired (202) 708–2565, (these mortgagor, sponsor, and other key telephone numbers are not toll-free), or SUMMARY: The proposed information principals for an application for call the toll-free Title V information line collection requirement described below mortgage insurance. The Owner and at 800–927–7588. will be submitted to the Office of Architect represent that they are SUPPLEMENTARY INFORMATION: In Management and Budget (OMB) for familiar with HUD’s architectural accordance with the December 12, 1988 review, as required by the Paperwork requirements and will comply with all court order in National Coalition for the Reduction Act. The Department is rules and regulations as prescribed by Homeless v. Veterans Administration, soliciting public comments on the HUD. No. 88–2503–OG (D.D.C.), HUD subject proposal. Agency form numbers, if applicable: publishes a Notice, on a weekly basis, DATES: Comments Due Date: March 29, HUD–92013,HUD–92013–Supp, HUD– identifying unutilized, underutilized, 2011. 92013– E, HUD–92264, HUD–92264–A, excess and surplus Federal buildings HUD–92273, HUD–92274, HUD–92326, and real property that HUD has ADDRESSES: Interested persons are HUD–92329, HUD–92331, HUD–92452, invited to submit comments regarding reviewed for suitability for use to assist HUD–92485, HUD–92415, HUD–92447, the homeless. Today’s Notice is for the this proposal. Comments should refer to HUD–92010, HUD–91708, HUD– the proposal by name and/or OMB purpose of announcing that no 92408M,FM–1006 are covered under additional properties have been Control Number and should be sent to: OMB 2502–0029. Reports Liaison Officer, Department of determined suitable or unsuitable this Estimation of the total numbers of week. Housing and Urban Development, 451 hours needed to prepare the information 7th Street, SW., Washington, DC 20410, collection including number of Dated: January 20, 2011. Room 9120 or the number for the respondents, frequency of response, and Mark R. Johnston, Federal Information Relay Service (1– hours of response: An estimation of the Deputy Assistant Secretary for Special Needs. 800–877–8339). total number of hours needed to prepare [FR Doc. 2011–1548 Filed 1–27–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: the information collection is 2. The BILLING CODE 4210–67–P Joyce Allen, Director, Office of estimated number of respondents is Multifamily Development, Department 3432. The estimated total number of of Housing and Urban Development, annual burden hours is 350,486. The DEPARTMENT OF HOUSING AND 451 7th Street, SW., Washington, DC forms are submitted only once during URBAN DEVELOPMENT 20410, telephone (202) 708–3000 (this is the application for FHA mortgage [Docket No. FR–5415–N–33] not a toll free number) for copies of the insurance. proposed forms and other available Status of the proposed information Notice of Availability: Notice of information. collection: Revision, with change, of a Funding Availability (NOFA) for HUD’s SUPPLEMENTARY INFORMATION: The previously approved collection for Fiscal Year (FY) 2010 Assisted Living Department is submitting the proposed which approval has expired. Conversion Program (ALCP) for information collection to OMB for Authority: The Paperwork Reduction Act Eligible Multifamily Housing Projects review, as required by the Paperwork of 1995, 44 U.S.C., Chapter 35, as amended. AGENCY: Office of the Chief of the Reduction Act of 1995 (44 U.S.C. Dated: January 24, 2011. Human Capital Officer, HUD. Chapter 35, as amended). Ronald Y. Spraker, ACTION: Notice. This Notice is soliciting comments Associate General Deputy Assistant Secretary from members of the public and affected for Housing. SUMMARY: HUD announces the agencies concerning the proposed availability on its Web site of the [FR Doc. 2011–1895 Filed 1–27–11; 8:45 am] collection of information to: (1) Evaluate applicant information, submission whether the proposed collection is BILLING CODE 4210–67–P deadlines, funding criteria, and other necessary for the proper performance of requirements for HUD’s Fiscal Year (FY) the functions of the agency, including DEPARTMENT OF HOUSING AND 2010 Assisted Living Conversion whether the information will have URBAN DEVELOPMENT Program (ALCP) for Eligible Multifamily practical utility; (2) Evaluate the Housing Projects NOFA. This NOFA accuracy of the agency’s estimate of the [Docket No. FR–5477–N–04] announces the availability of $30 burden of the proposed collection of million in Fiscal Year (FY) 2010 funding information; (3) Enhance the quality, Federal Property Suitable as Facilities to carry out the eligible activities for the utility, and clarity of the information to To Assist the Homeless physical conversion of eligible be collected; and (4) Minimize the AGENCY: Office of the Assistant multifamily assisted housing projects or burden of the collection of information Secretary for Community Planning and portions of projects to assisted living on those who are to respond; including Development, HUD. facilities (ALFs). the use of appropriate automated The notice providing information ACTION: Notice. collection techniques or other forms of regarding the application process,

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funding criteria and eligibility Continental Shelf for Minerals Other consultation and coordination with requirements can be found using the than Oil, Gas, and Sulphur. This notice other OCS users and uses; (4) balance Department of Housing and Urban also provides the public a second development with environmental Development agency link on the opportunity to comment on the protection; (5) insure a fair return to the Grants.gov/Find Web site at http:// paperwork burden of these regulatory public; (6) preserve and maintain free www.grants.gov/search/agency.do. A requirements. enterprise competition; and (7) link to Grants.gov is also available on DATES: Submit written comments by encourage the development of new the HUD Web site at http:// February 28, 2011. technology. www.hud.gov/offices/adm/grants/ ADDRESSES: Submit comments by either The authorities and responsibilities fundsavail.cfm. The Catalogue of fax (202) 395–5806 or e-mail described above are among those Federal Domestic Assistance (CFDA) ([email protected]) directly delegated to BOEMRE. This ICR number for this program is 14.314. to the Office of Information and addresses the regulations at 30 CFR 282, Applications must be submitted Regulatory Affairs, OMB, Attention: Operations in the Outer Continental electronically through Grants.gov. Desk Officer for the Department of the Shelf for Minerals Other than Oil, Gas, FOR FURTHER INFORMATION CONTACT: Interior (1010–0081). Please also submit and Sulphur. Note that there has been Questions regarding specific program a copy of your comments to BOEMRE by no activity in the OCS for minerals other requirements should be directed to the any of the means below. than oil, gas and sulphur for many years agency contact identified in the program • Electronically: Go to http:// and no information collected. However, NOFA. Program staff will not be www.regulations.gov. In the entry titled, because these are regulatory available to provide guidance on how to ‘‘Enter Keyword or ID,’’ enter BOEM– requirements, the potential exists for prepare the application. Questions 2010–0069 then click search. Follow the information to be collected; therefore, regarding the 2010 General Section instructions to submit public comments we are requesting a renewal of this should be directed to the Office of and view supporting and related collection of information. Grants Management and Oversight at materials available for this collection. Assuming one lease to this ICR is (202) 708–0667 or the NOFA BOEMRE will post all comments. mandatory. No questions of a sensitive Information Center at 800–HUD–8929 • E-mail: nature are asked. We protect proprietary (toll free). Persons with hearing or [email protected]. Mail or information according to the Freedom of speech impairments may access these hand-carry comments to: Department of Information Act (5 U.S.C. 552) and its numbers via TTY by calling the Federal the Interior; Bureau of Ocean Energy implementing regulations (43 CFR 2), 30 Information Relay Service at 800–877– Management, Regulation and CFR 282.5, 282.6, 282.7, and applicable 8339. Enforcement; Attention: Cheryl sections of 30 CFR parts 280 and 281. Dated: January 24, 2011. Blundon; 381 Elden Street, MS–4024; BOEMRE will use the information required by 30 CFR 282 to determine if Barbara S. Dorf, Herndon, Virginia 20170–4817. Please reference ICR 1010–0081 in your lessees are complying with the Director, Office of Departmental Grants regulations that implement the mining Management and Oversight, Office of the comment and include your name and Chief of the Human Capital Officer. return address. operations program for minerals other than oil, gas, and sulphur. Specifically, [FR Doc. 2011–1899 Filed 1–27–11; 8:45 am] FOR FURTHER INFORMATION CONTACT: BOEMRE will use the information: BILLING CODE 4210–67–P Cheryl Blundon, Regulations and Standards Branch, (703) 787–1607. You • To ensure that operations for the may also contact Cheryl Blundon to production of minerals other than oil, gas, and sulphur in the OCS are DEPARTMENT OF THE INTERIOR obtain a copy, at no cost, of the regulations that require the subject conducted in a manner that will result Bureau of Ocean Energy Management, collection of information. in orderly resource recovery, Regulation and Enforcement SUPPLEMENTARY INFORMATION: development, and the protection of the Title: 30 CFR Part 282, Operations in human, marine, and coastal [Docket ID No. BOEM–2010–0069] the Outer Continental Shelf for Minerals environments. • To ensure that adequate measures BOEMRE Information Collection Other than Oil, Gas, and Sulphur. OMB Control Number: 1010–0081. will be taken during operations to Activities: 1010–0081, Operations in Abstract: The Outer Continental Shelf prevent waste, conserve the natural the Outer Continental Shelf for (OCS) Lands Act, as amended (43 U.S.C. resources of the OCS, and to protect the Minerals Other Than Oil, Gas, and 1334 and 43 U.S.C. 1337(k)), authorizes environment, human life, and Sulphur, Submitted for Office of the Secretary of the Interior (Secretary) correlative rights. Management and Budget (OMB) to implement regulations to grant leases • To determine if suspensions of Review; Comment Request of any mineral other than oil, gas, and activities are in the national interest, to AGENCY: Bureau of Ocean Energy sulphur to qualified parties. This facilitate proper development of a lease Management, Regulation and regulation governs mining operations including reasonable time to develop a Enforcement (BOEMRE), Interior. within the OCS and establishes a mine and construct its supporting ACTION: Notice of a renewal of an comprehensive leasing and regulatory facilities, or to allow for the information collection (1010–0081). program for such minerals. This construction or negotiation for use of regulation has been designed to (1) transportation facilities. SUMMARY: To comply with the recognize the differences between the • To identify and evaluate the Paperwork Reduction Act of 1995 OCS activities associated with oil, gas, cause(s) of a hazard(s) generating a (PRA), we are notifying the public that and sulphur discovery and suspension, the potential damage from a we have submitted to OMB an development, and those associated with hazard(s) and the measures available to information collection request (ICR) to the discovery and development of other mitigate the potential for damage. renew approval of the paperwork minerals; (2) facilitate participation by • For technical and environmental requirements in the regulations under States directly affected by OCS mining evaluations which provide a basis for 30 CFR 282, Operations in the Outer activities; (3) provide opportunities for BOEMRE to make informed decisions to

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approve, disapprove, or require potential annual number of respondents burdens. In calculating the burdens, we modification of the proposed activities. to be one. assumed that respondents perform Estimated Reporting and Frequency: Monthly, and as a result of certain requirements in the normal Recordkeeping ‘‘Hour’’ Burden: The situations encountered. course of their activities. We consider estimated annual hour burden for this these to be usual and customary and Estimated Number and Description of ICR is a total of 201 hours. The took that into account in estimating the Respondents: There are no active following table details the individual burden. respondents; therefore, we estimated the components and estimated hour

Average number of Annual burden Citation 30 CFR 282 Reporting or recordkeeping requirement Hour burden annual responses hours

Non-hour cost burden

Subpart A—General

4(b); 12(b)Subpar(2)(ii); Submit delineation plan, including environmental 40 ...... 1 ...... 40 12(f)(l), (2); 13(d), information, contingency plan, monitoring pro- (e)(2); 21; 22; 25; 26; gram, and various requests for approval re- 28. ferred to throughout; submit modifications.

4(c); 12(c)(2)(ii); 12(f)(l), Submit testing delineation plan, including environ- 40 ...... 1 ...... 40 (2); 13(d), (e)(2); 21; mental information, contingency plan, moni- 23; 25; 26; 28. toring program, and various requests for ap- proval referred to throughout; submit modifica- tions.

4(d); 12(d)(2)(ii); 12(f)(1), Submit mining delineation plan, including environ- 40 ...... 1 ...... 40 (2); 13(d), (e)(2); 21; mental information, contingency plan, moni- 24; 25; 26; 28. toring program, and various requests for ap- proval referred to throughout; submit modifica- tions.

5 ...... Request non-disclosure of G&G info ...... 10 ...... 1 ...... 10

Subtotal ...... 4 Responses ...... 130 hours

Subpart B—Jurisdiction and Responsibilities of Director

11(c); 12(c) ...... Apply for right-of-use and easement ...... 30 ...... 1 ...... 30

11(d); 12(d) ...... Request consolidation of two or more OCS min- 1 ...... 1 ...... 1 eral leases or portions.

12(f)(1), (h); 20(g), (h) ... Request approval of operations or departure from Burden included 0. operating requirements. with applicable operation.

13(b), (f)(2); 31 ...... Request suspension or temporary prohibition or 2 ...... 1 ...... 2 production or operations.

13(e)(1) ...... Submit site-specific study plan and results; re- 8 ...... 1 ...... 8 quest payment.

1 study x $100,000 = $100,000

14 ...... Submit ‘‘green’’ response copy of Form MMS– 2 ...... 1 ...... 2 1832 indicating date violations (INCs) corrected.

Subtotal ...... 5 responses ...... 43 hours

$100,000 non-hour cost burden

Subpart C—Obligations and Responsibilities of Lessees

20(a), (g); 29(i) ...... Make available all mineral resource or environ- Burden included 0. mental data and information; submit reports and with applicable maintain records. operation..

20(b) thru (e) ...... Submit designation of payor, operator, or local 1 ...... 1 ...... 1 representative; submit changes.

21(d) ...... Notify BOEMRE of preliminary activities ...... 1 ...... 1 ...... 1

27(b) ...... Request use of new or alternative technologies, 1 ...... 1 ...... 1 techniques, etc.

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Average number of Annual burden Citation 30 CFR 282 Reporting or recordkeeping requirement Hour burden annual responses hours

Non-hour cost burden

27(c) ...... Notify BOEMRE of death or serious injury; fire, 1 ...... 1 ...... 1 exploration, or other hazardous event; submit report.

27(d)(2) ...... Request reimbursement for furnishing food, quar- 2 ...... 1 ...... 2 ters, and transportation for BOEMRE represent- atives (no requests received in many years; minimal burden).

27(e) ...... Identify vessels, platforms, structures, etc. with 1 ...... 1 ...... 1 signs.

27(f)(2) ...... Log all drill holes susceptible to logging; submit 3 ...... 1 ...... 3 copies of logs to BOEMRE.

27(h)(3), (4) ...... Mark equipment; record items lost overboard; no- 1 ...... 1 ...... 1 tify BOEMRE.

29(a) ...... Submit monthly report of minerals produced ...... 1 ...... 1 ...... 1

29(b), (c) ...... Submit quarterly status and final report on explo- 5 ...... 1 ...... 5 ration and/or testing activities.

29(d) ...... Submit results of environmental monitoring activi- 5 ...... 1 ...... 5 ties.

29(e) ...... Submit marked and certified maps annually or as 1 ...... 1 ...... 1 required.

29(f) ...... Maintain rock, minerals, and core samples for 5 1 ...... 1 ...... 1 years and make available upon request.

29(g) ...... Maintain original data and information and naviga- 1 ...... 1 ...... 1 tion tapes as long as lease is in effect and make available upon request.

29(h) ...... Maintain hard mineral records and make available 1 ...... 1 ...... 1 upon request.

Subtotal ...... 15 responses ...... 26 hours

Subpart D—Payments

40 ...... Submit surety or personal bond ...... 2 ...... 1 response ...... 2 hours

Subpart E—Appeals

50; 15 ...... File an appeal ...... Burden exempt 0. under 5 CFR 1320.4(a)(2), (c)..

TOTAL BURDEN ...... 25 Responses ...... 201 Hours

$100,000 Non-Hour Cost Burden

Estimated Reporting and Public Disclosure Statement: The PRA agencies concerning each proposed Recordkeeping Non-Hour Cost Burden: (44 U.S.C. 3501, et seq.) provides that an collection of information * * * ’’. We have identified one cost burden; agency may not conduct or sponsor a Agencies must specifically solicit § 282.13(e)(1), would require a site- collection of information unless it comments to: (a) Evaluate whether the specific study to determine and evaluate displays a currently valid OMB control proposed collection of information is hazards that results in a suspension of number. Until OMB approves a necessary for the agency to perform its operation. Since this has not been done collection of information, you are not duties, including whether the to date, BOEMRE estimated that this obligated to respond. information is useful; (b) evaluate the study would cost approximately Comments: Section 3506(c)(2)(A) of accuracy of the agency’s estimate of the $100,000. There are no other non-hour the PRA (44 U.S.C. 3501, et seq.) burden of the proposed collection of cost burdens associated with the requires each agency ‘‘ * * * to provide information; (c) enhance the quality, collection of information. notice * * * and otherwise consult usefulness, and clarity of the with members of the public and affected information to be collected; and (d)

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minimize the burden on the DEPARTMENT OF THE INTERIOR CIAP recognizes that impacts from respondents, including the use of Outer Continental Shelf (OCS) oil and automated collection techniques or Bureau of Ocean Energy Management, gas activities fall disproportionately on other forms of information technology. Regulation and Enforcement the coastal states and localities nearest to where the activities occur, and where To comply with the public [Docket ID No. BOEM–2011–0001] associated facilities are located. CIAP consultation process, on September 7, BOEMRE Information Collection legislation appropriates money for 2010, we published a Federal Register Activity: 1010–0170—Coastal Impact eligible states and coastal political notice (75 FR 54372) announcing that Assistance Program (CIAP), Extension subdivisions for coastal restoration/ we would submit this ICR to OMB for of a Collection; Comment Request improvement projects. BOEMRE shall approval. The notice provided the disburse $250 million to eligible required 60-day comment period. In AGENCY: Bureau of Ocean Energy producing states and coastal political addition, § 282.0 provides the OMB Management, Regulation and subdivisions (CPSs) through a grant control number for the information Enforcement (BOEMRE), Interior. program. The funds allocated to each collection requirements imposed by the ACTION: Notice of an extension of an state are based on the proportion of 30 CFR 282 regulations. The PRA (5 information collection (1010–0170). qualified OCS revenues offshore the U.S.C. 1320) informs the public that individual state to total qualified OCS SUMMARY: To comply with the revenues from all states. In order to they may comment at any time on the Paperwork Reduction Act of 1995 receive funds, the states submit their collection of information and BOEMRE (PRA), BOEMRE is inviting comments CIAP plans detailing how the funds will provides the address to which they on a collection of information that we be expended. Alabama, Alaska, should send comments. We have will submit to the Office of Management California, Louisiana, Mississippi, and received no comments in response to and Budget (OMB) for review and Texas are the only eligible states under these efforts. approval. The information collection EPAct. Counties, parishes or equivalent request (ICR) concerns the paperwork If you wish to comment in response units of government within those states requirements in the Coastal Impact to this notice, you may send your lying all or in part within the coastal Assistance Program (CIAP) State Plan comments to the offices listed under the zone, as defined by section 304(1) of the Guidelines. The Energy Policy Act of ADDRESSES section of this notice. The Coastal Zone Management Act (CZMA) 2005 gave responsibility to BOEMRE for OMB has up to 60 days to approve or 1972, as amended, are the Coastal CIAP by amending Section 31 of the disapprove the information collection Political Subdivisions (CPSs) eligible for Outer Continental Shelf Lands Act (43 but may respond after 30 days. CIAP funding, a total of 67 local U.S.C. 1356a; Appendix A). Therefore, to ensure maximum jurisdictions. All funds will be DATES: Submit written comments by consideration, OMB should receive disbursed through a grant process. March 29, 2011. public comments by February 28, 2011. In September 2006, CIAP draft ADDRESSES: You may submit comments guidelines were written and later Public Availability of Comments: by either of the following methods revised in May 2007. Information was Before including your address, phone listed. needed from the government • number, email address, or other Electronically: Go to http:// jurisdictions to meet all the personal identifying information in your www.regulations.gov. In the entry titled requirements of the CIAP State Plan comment, you should be aware that ‘‘Enter Keyword or ID,’’ enter BOEM– Guidelines as well as requirements on your entire comment–including your 2011–0001 then click search. Follow the the procurement contracts. To approve personal identifying information–may instructions to submit public comments a plan, legislation requires that the be made publicly available at any time. and view supporting and related Secretary of the Interior must be able to While you can ask us in your comment materials available for this collection. determine that the funds will be used in to withhold your personal identifying BOEMRE will post all comments. • accordance with EPAct criteria and that information from public review, we E-mail: projects will use the funds according to cannot guarantee that we will be able to [email protected]. Mail or the EPAct. To confirm appropriate use do so. hand-carry comments to the Department of funds, BOEMRE requires affirmation of the Interior; Bureau of Ocean Energy BOEMRE Information Collection of grantees meeting Federal, state, and Management, Regulation and local laws and adequate project Clearance Officer: Arlene Bajusz (703) Enforcement; Attention: Cheryl 787–1025. descriptions. Blundon; 381 Elden Street, MS–4024; This ICR is required to fulfill the Dated: December 16, 2010. Herndon, Virginia 20170–4817. Please requirements of the BOEMRE CIAP Doug Slitor, reference ICR 1010–0170 in your grant program. comment and include your name and Acting Chief, Office of Offshore Regulatory We will protect information from return address. Programs. respondents considered proprietary SUPPLEMENTARY INFORMATION: Title: [FR Doc. 2011–1853 Filed 1–27–11; 8:45 am] under the Freedom of Information Act Coastal Impact Assistance Program (5 U.S.C. 552) and its implementing BILLING CODE 4310–MR–P (CIAP). regulations (43 CFR part 2). No items of OMB Control Number: 1010–0170. a sensitive nature are collected. Abstract: With the passage of the Responses are required to obtain or Energy Policy Act of 2005 (EPAct), the retain benefits. Bureau of Ocean Energy Management, Frequency: On occasion. Regulation and Enforcement (BOEMRE) Estimated Number and Description of was given responsibility for the Coastal Respondents: Approximately 6 states Impact Assistance Program (CIAP) and 67 CPSs. through the amendment of Section 31 of Estimated Reporting and the Outer Continental Shelf Lands Act Recordkeeping Hour Burden: The (43 U.S.C. 1356a Appendix A). currently approved annual reporting

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burden for this collection is 13,339 collection of information, you are not to withhold your personal identifying hours. The following chart details the obligated to respond. information from public review, we individual components and respective Comments: Before submitting an ICR cannot guarantee that we will be able to hour burden estimates of this ICR. In to OMB, PRA section 3506(c)(2)(A) do so. calculating the burdens, we assumed requires each agency ‘‘ * * * to provide BOEMRE Information Collection that respondents perform certain notice * * * and otherwise consult Clearance Officer: Arlene Bajusz (703) requirements in the normal course of with members of the public and affected 787–1025. their activities. We consider these to be agencies concerning each proposed Dated: January 20, 2011. collection of information * * * ’’. usual and customary and took that into Doug Slitor, account in estimating the burden. Agencies must specifically solicit comments to: (a) Evaluate whether the Acting Chief, Office of Offshore Regulatory Programs. CIAP reporting and/or record- Hour proposed collection of information is keeping requirement burden necessary for the agency to perform its [FR Doc. 2011–1854 Filed 1–27–11; 8:45 am] duties, including whether the BILLING CODE 4310–MR– P Submit Project Narrative ...... 42 information is useful; (b) evaluate the Submit annual Performance Re- accuracy of the agency’s estimate of the ports ...... 8 DEPARTMENT OF THE INTERIOR Submit bi-annual performance re- burden of the proposed collection of ports ...... 8 information; (c) enhance the quality, Fish and Wildlife Service Notify BOEMRE in case of usefulness, and clarity of the delays, adverse conditions, etc., information to be collected; and (d) [FWS–R4–R–2010–N161; 40136–1265–0000– which impair ability to meet ob- minimize the burden on the S3] jectives of the award including respondents, including the use of statement of action taken or automated collection techniques or Felsenthal/Overflow National Wildlife contemplated or assistance re- other forms of information technology. Refuges, Ashley, Desha, Union, and quired (included non-construc- Agencies must also estimate the non- Bradley Counties, AR; Final tion and construction grants) .... 8 hour cost burdens to respondents or Comprehensive Conservation Plan and Request termination and sup- recordkeepers resulting from the Finding of No Significant Impact for porting information * ...... 6 Environmental Assessment Retain all records/documentation collection of information. Therefore, if for 3 years * ...... 5 you have costs to generate, maintain, AGENCY: Fish and Wildlife Service, Retain records longer than 3 and disclose this information, you Interior. should comment and provide your total years if they relate to claim, ACTION: Notice of availability. audit, litigation, etc. Exempt capital and startup cost components or under 5 CFR 1320.4(a)(2), (c). 0 annual operation, maintenance, and SUMMARY: We, the Fish and Wildlife Telephone follow-up discussion purchase of service components. You Service (Service), announce the on Financial Capabilities ...... 8 should describe the methods you use to availability of our final comprehensive Develop language and individual estimate major cost factors, including conservation plan (CCP) and finding of signage at CIAP Sites—Esti- system and technology acquisition, mated 30 construction projects no significant impact (FONSI) for the with temp signs initially—per- expected useful life of capital environmental assessment for manent signs 2–4years * ...... 8 equipment, discount rate(s), and the Felsenthal/Overflow National Wildlife Submission of photographs/cds of period over which you incur costs. Refuges (NWRs). In the final CCP, we projects for tracking purposes * 4 Capital and startup costs include, describe how we will manage these Voluntarily submit draft Coastal among other items, computers and refuges for the next 15 years. Impact Assistance Plan with ap- software you purchase to prepare for ADDRESSES: You may obtain a copy of propriate supporting docu- collecting information, monitoring, and mentation ...... 1 the CCP by writing to: Mr. Bernie record storage facilities. You should not Petersen, Project Leader, South Submit final Coastal Impact As- include estimates for equipment or Arkansas National Wildlife Refuge sistance Plan and all supporting services purchased: (i) Before October 1, documentation (i.e., Governor’s Complex, 5531 Highway 82 West, 1995; (ii) to comply with requirements certification of public participa- Crossett, AR 71635. The CCP may also not associated with the information tion; Appendices C, D, and E) .. 1 be accessed and downloaded from the collection; (iii) for reasons other than to Request delay by states for sub- Service’s Web site: http:// provide information or keep records for mitting final plan, with relevant southeast.fws.gov/planning/ under the Government; or (iv) as part of data ...... 1 ‘‘Final Documents.’’ Request minor changes and/or customary and usual business or private amendments to a plan ...... 8 practices. FOR FURTHER INFORMATION CONTACT: Mr. We will summarize written responses Mike Dawson, Refuge Planner, Jackson, * Initially determined that this will be minimal MS; telephone: 601/965–4903, ext. 20; burden, for the first 3 years, until more re- to this notice and address them in our spondents are actively involved in a CIAP submission for OMB approval. As a fax: 601/965–4010; e-mail: _ project. result of your comments, we will make mike [email protected]. any necessary adjustments to the burden SUPPLEMENTARY INFORMATION: Estimated Reporting and in our submission to OMB. Recordkeeping ‘‘Non-Hour Cost’’ Public Comment Procedures: Before Introduction Burden: We have identified no non-hour including your address, phone number, With this notice, we finalize the CCP cost burdens for this collection. email address, or other personal process for Felsenthal/Overflow NWRs. Public Disclosure Statement: The PRA identifying information in your We started this process through a notice (44 U.S.C. 3501, et seq.) provides that an comment, you should be aware that in the Federal Register on April 2, 2008 agency may not conduct or sponsor a your entire comment—including your (73 FR 17992). collection of information unless it personal identifying information—may Felsenthal NWR was established in displays a currently valid OMB control be made publicly available at any time. 1975 as mitigation for the creation of the number. Until OMB approves a While you can ask us in your comment U.S. Army Corps of Engineers’ Ouachita

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and Black Rivers’ Navigation Project National Wildlife Refuge System, System Improvement Act of 1997, Public and Felsenthal Lock and Dam. The consistent with sound principles of fish Law 105–57. refuge is located in southeast Arkansas, and wildlife management, conservation, Dated: September 3, 2010. approximately 8 miles west of the town legal mandates, and our policies. In Mark J. Musaus, of Crossett. This 65,000-acre refuge is addition to outlining broad management Acting Regional Director. named for the small Felsenthal direction on conserving wildlife and community located at its southwest their habitats, CCPs identify wildlife- Editorial Note: This document was corner, and contains an abundance of dependent recreational opportunities received in the Office of the Federal Register water resources dominated by the available to the public, including Tuesday, January 25, 2011. Ouachita and Saline Rivers and the opportunities for hunting, fishing, [FR Doc. 2011–1868 Filed 1–27–11; 8:45 am] Felsenthal Pool. wildlife observation, wildlife BILLING CODE 4310–55–P Overflow NWR was established in photography, and environmental 1980 and encompasses 13,973 fee-title education and interpretation. We will DEPARTMENT OF THE INTERIOR acres in Ashley County in southeast review and update the CCP at least Arkansas, about 5 miles west of the every 15 years in accordance with the Fish and Wildlife Service town of Wilmot. The refuge was Administration Act. established to protect one of the [FWS–R4–R–2010–N172; 40136–1265–0000– remaining bottomland hardwood forests Comments S3] considered vital for maintaining We made copies of the Draft CCP/EA mallard, wood duck, and other available for a 30-day public review Tennessee National Wildlife Refuge, waterfowl populations in the period as announced in the Federal Henry, Benton, Decatur, and Mississippi Flyway. In addition, the Register on June 7, 2010 (75 FR 32205). Humphreys Counties, TN; Final Oakwood Unit, an area of 2,263 acres in We received five comments on the Draft Comprehensive Conservation Plan and Desha County that was transferred from CCP/EA. Finding of No Significant Impact for Environmental Assessment the Farm Service Agency in 1990, is Selected Alternative administered by Overflow NWR. AGENCY: Fish and Wildlife Service, The Draft CCP/EA identified and We announce our decision and the Interior. availability of the final CCP and FONSI evaluated three alternatives for ACTION: Notice of availability. for Felsenthal/Overflow NWRs in managing the refuges. After considering accordance with the National the comments we received and based on SUMMARY: We, the Fish and Wildlife Environmental Policy Act (NEPA) [40 the professional judgment of the Service (Service), announce the CFR 1506.6(b)] requirements. We planning team, we selected Alternative availability of our final comprehensive completed a thorough analysis of B for implementation. We believe this conservation plan (CCP) and finding of impacts on the human environment, alternative is the most effective no significant impact (FONSI) for the which we included in the Draft management action for meeting the environmental assessment for Comprehensive Conservation Plan and vision, goals, and purposes of the Tennessee National Wildlife Refuge refuges by optimizing habitat Environmental Assessment (Draft CCP/ (NWR). In the final CCP, we describe management and visitor services. This EA). The CCP will guide us in managing how we will manage this refuge for the alternative will also allow the refuges to and administering Felsenthal/Overflow next 15 years. NWRs for the next 15 years. Alternative provide law enforcement protection that adequately meets the needs of both ADDRESSES: You may obtain a copy of B is the foundation for the CCP. the CCP by writing to: Mr. Troy Littrell, The compatibility determinations for refuges. Tennessee National Wildlife Refuge, (1) Hunting; (2) fishing; (3) wildlife This alternative will focus on 3006 Dinkins Lane, Paris, Tennessee observation and photography; (4) augmenting wildlife and habitat 38242. The CCP may also be accessed environmental education and management to identify, conserve, and and downloaded from the Service’s Web interpretation; (5) power boating; (6) all- restore populations of native fish and site: http://southeast.fws.gov/planning/, terrain vehicle use; (7) bee keeping; (8) wildlife species, with an emphasis on under ‘‘Final Documents.’’ berry picking; (9) camping; (10) migratory birds and threatened and commercial fishing; (11) dog field trials; endangered species. This will partially FOR FURTHER INFORMATION CONTACT: Mr. (12) firewood cutting; (13) forest be accomplished by increased Troy Littrell; telephone: 731/642–2091; monitoring of waterfowl, other fax: 731/644–3351; e-mail: management; (14) furbearer trapping; _ (15) horseback riding; and (16) migratory birds, and endemic species in troy [email protected]. bicycling, boating (non-motorized), order to assess and adapt management SUPPLEMENTARY INFORMATION: swimming, beach use, and hiking/ strategies and actions. The restoration of Introduction backpacking are available in the final the Felsenthal Pool will be a vital part CCP. of this management action and will be With this notice, we finalize the CCP crucial to ensuring healthy and viable process for Tennessee NWR. We started Background ecological communities. This this process through a notice in the The National Wildlife Refuge System restoration will require increased water Federal Register on April 2, 2008 (73 FR Administration Act of 1966 (16 U.S.C. management, invasive aquatic 17994). 668dd-668ee) (Administration Act), as vegetation control, and reestablishment On December 28, 1945, President amended by the National Wildlife of water quality standards and possibly Harry S. Truman signed Executive Refuge System Improvement Act of populations of game fish species. Order No. 9670, establishing the 1997, requires us to develop a CCP for Nuisance wildlife populations and Tennessee NWR. The following day, the each national wildlife refuge. The invasive plant species will be more Department of the Interior and the purpose for developing a CCP is to aggressively managed by implementing Tennessee Valley Authority (TVA) provide refuge managers with a 15-year a control plan. entered into an agreement that the lands plan for achieving refuge purposes and Authority: This notice is published under would henceforth be reserved for use as contributing toward the mission of the the authority of the National Wildlife Refuge a wildlife refuge. Tennessee NWR runs

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along 65 miles of the Tennessee River in Background foraging habitat. We will develop and Henry, Benton, Decatur, and The National Wildlife Refuge System implement baseline inventories for non- Humphreys Counties, Tennessee. The Administration Act of 1966 (16 U.S.C. game mammals, reptiles, amphibians, refuge is comprised of three units: the 668dd–668ee) (Administration Act), as fish, and invertebrates. We will also Duck River Unit (26,738 acres), Big amended by the National Wildlife consider providing 50–100 acres in 1–3 tracts for the Henslow’s sparrow and Sandy Unit (21,348 acres), and Refuge System Improvement Act of other grassland species on the Big Busseltown Unit (3,272 acres), for a total 1997, requires us to develop a CCP for of 51,358 acres. Sandy Unit. each national wildlife refuge. The Under Alternative D, we will intensify The establishing and acquisition purpose for developing a CCP is to existing habitat management programs, authorities for Tennessee NWR include provide refuge managers with a 15-year practices, and actions. We will improve the Migratory Bird Conservation Act (16 plan for achieving refuge purposes and the moist-soil management program on U.S.C. 715–715r) and Fish and Wildlife contributing toward the mission of the about 1,600 acres by expanding the Coordination Act (16 U.S.C. 661–667). National Wildlife Refuge System, invasive exotic plant control program, In addition, Public Land Order 4560 consistent with sound principles of fish water management capabilities, and the identified the purposes of the refuge to and wildlife management, conservation, use of management techniques that set be ‘‘to build, operate and maintain sub- legal mandates, and our policies. In back plant succession. In cooperation impoundment structures; produce food addition to outlining broad management with partners, we will reactivate the crops or cover for wildlife; to regulate direction on conserving wildlife and forest management program on the and restrict hunting, trapping and their habitats, CCPs identify wildlife- refuge for the benefit of priority forest fishing and to otherwise manage said dependent recreational opportunities interior migratory birds and resident lands and impoundment areas for the available to the public, including game species. Alternative D will protection and production of wildlife opportunities for hunting, fishing, incorporate a comprehensive fire and fish populations’’ (Public Land wildlife observation, wildlife management program into forest habitat. Order, 1962). photography, and environmental Over the life of the CCP, Alternative The refuge provides valuable education and interpretation. We will D will redirect management actions to wintering habitat for migrating review and update the CCP at least sustain the acreage of unharvested waterfowl. It provides habitat and every 15 years in accordance with the cropland to meet foraging needs of protection for threatened and Administration Act. waterfowl and habitat for other native endangered species such as the gray bat, Comments species. It will also increase acreage of Indiana bat, least tern, piping plover, hard mast producing bottomland pink mucket pearlymussel, ring pink We made copies of the Draft CCP/EA hardwood forest species. We will mussel, orangefoot pimpleback available for a 30-day public review and improve water management capabilities pearlymussel, and rough pigtoe and comment period via Federal Register by subdividing existing impoundments, pigmy madtom mussels. The refuge also notice on June 7, 2010 (75 FR 32201). creating new impoundments, and supports an abundance of wildlife, We received 43 comments on the Draft increasing water supply (i.e., pumps, including over 650 species of plants, CCP/EA. wells, and structures) for migratory 303 species of birds, and 280 species of Selected Alternative birds. mammals, fish, reptiles, and We will aim to increase wildlife amphibians. The Draft CCP/EA identified and observation/photography opportunities evaluated four alternatives for managing with the construction of new public use We announce our decision and the the refuge. After considering the facilities, and within 2 years of CCP availability of the final CCP and FONSI comments we received, and based on approval, will open a seasonal wildlife for Tennessee NWR in accordance with the professional judgment of the drive in the Duck River Bottoms. We the National Environmental Policy Act planning team, we selected Alternative will continue to provide environmental (NEPA) [40 CFR 1506.6(b)] D for implementation. education services to the public, requirements. We completed a thorough Under Alternative D, we will enhance including limited visits to schools, analysis of impacts on the human both wildlife management and public environmental education workshops, environment, which we included in the use at Tennessee NWR. We will provide and on-site and off-site environmental Draft Comprehensive Conservation Plan adequate habitats to meet the foraging education programs, as well as work and Environmental Assessment (Draft needs of 121,000–182,000 ducks for 110 with partners to expand environmental CCP/EA) for Tennessee NWR. The CCP days and other habitats that are needed education facilities and opportunities will guide us in managing and for loafing, roosting, molting, etc. Under on and near the refuge. The existing administering Tennessee NWR for the this alternative, we will create and interpretive program will be expanded. next 15 years. enhance existing habitat for secretive We will work to construct a combined The compatibility determinations for marshbirds, sufficient to support 15–25 headquarters and visitor center, (1) Wildlife observation and nesting territories for king rail pairs. incorporating ‘‘green’’ technology on the photography, (2) environmental Within 10 years of CCP approval, we Big Sandy Unit. Within 15 years of CCP education and interpretation, (3) fishing, will provide at least 100 acres of approval, we will build a visitor contact (4) hunting, (5) cooperative farming, (6) foraging sites in multiple station at the Duck River Unit. We will scientific research, (7) commercial impoundments for both northbound and expand the current staff by twelve, fishing to remove rough fish from southbound shorebirds during including a forester, a forestry impounded waters, (8) horseback riding migration. We will conduct population technician, two engineering equipment and horse-drawn conveyance, and (9) and habitat surveys to evaluate operators, a tractor operator, two refuge bicycling are also available within the shorebird use and invertebrate densities rangers, a law enforcement officer, an CCP. The compatibility determination within managed and unmanaged assistant manager, two biological for marina concessions was removed habitat. To benefit long-legged wading technicians, and an office assistant. We from the CCP for further environmental birds, we will continue to provide for will strengthen our volunteer programs, analysis and public comment. both secure nesting sites and ample friend’s group, and partnerships by

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investing an increased portion of staff In-Person Viewing or Pickup: Call We announce our decision and the time into nurturing these promising 505–248–6636 to make an appointment availability of the FONSI for the final relationships. during regular business hours at 500 CCP for the Aransas NWRC in Authority: This notice is published under Gold Avenue SW., Albuquerque, NM accordance with National the authority of the National Wildlife Refuge 87102. Environmental Policy Act (NEPA) (40 System Improvement Act of 1997, Public CFR 1506.6(b)) requirements. We FOR FURTHER INFORMATION CONTACT: Dan Law 105–57. completed a thorough analysis of Alonso, Refuge Manager, Aransas impacts on the human environment, Dated: September 14, 2010. NWRC, P.O. Box 100, Austwell, TX which we included in the EA that Mark J. Musaus, 77050; by phone, 361–286–3559; or by accompanied the draft CCP. Acting Regional Director. e-mail, [email protected]. [FR Doc. 2011–1867 Filed 1–27–11; 8:45 am] The CCP will guide us in managing SUPPLEMENTARY INFORMATION: and administering the Aransas National BILLING CODE 4310–55–P Introduction Wildlife Refuge Complex for the next 15 years. Alternative B, with modifications DEPARTMENT OF THE INTERIOR With this notice, we finalize the CCP as described in Appendix J (Response to process for the Aransas NWRC. We Public Comments), is selected as the Fish and Wildlife Service started this process through a notice in management direction for the Final the Federal Register August 30, 2002 Plan. [FWS–R2–R–2010–N208; 20131–1265– (67 FR 55862). 2CCP–S3] Aransas NWRC is located in Aransas, Background Aransas National Wildlife Refuge Calhoun, and Refugio Counties, Texas, The National Wildlife Refuge System Complex, Aransas, Calhoun, and and encompasses 115,931 acres of Administration Act of 1966 (16 U.S.C. Refugio Counties, TX; Final coastal prairie, oak woodland and 668dd–668ee) (Refuge Administration Comprehensive Conservation Plan and savannah, barrier island, and salt and Act), as amended by the National Finding of No Significant Impact for freshwater marshes. Management efforts Wildlife Refuge System Improvement Environmental Assessment focus on protecting, enhancing, and Act of 1997, requires us to develop a restoring Refuge habitats and water CCP for each national wildlife refuge. AGENCY: Fish and Wildlife Service, management for the benefit of important The purpose for developing a CCP is to Interior. fish and wildlife resources. The Refuge provide refuge managers with a 15-year ACTION: Notice of availability. is world renowned for hosting the plan for achieving refuge purposes and SUMMARY: We, the U.S. Fish and largest wild flock of endangered contributing toward the mission of the Wildlife Service (Service), announce the whooping cranes each winter. Other National Wildlife Refuge System, availability of our final comprehensive native species on the Refuge include the consistent with sound principles of fish conservation plan (CCP) and finding of American alligator, javelina, roseate and wildlife management, conservation, no significant impact (FONSI) for the spoonbill, armadillo, and wildflowers. legal mandates, and our policies. In environmental assessment (EA) for the Aransas NWRC was established ‘‘as a addition to outlining broad management Aransas National Wildlife Refuge refuge and breeding grounds for birds’’, direction on conserving wildlife and Complex (NWRC). In this final CCP, we by Executive Order No. 7784 on their habitats, CCPs identify wildlife- describe how we will manage this December 31, 1937. The authority of the dependent recreational opportunities refuge for the next 15 years. Migratory Bird Conservation Act (16 available to the public, including ADDRESSES: You may view or obtain U.S.C. 712d) establishes that each refuge opportunities for hunting, fishing, copies of the final CCP and FONSI/EA in the system is ‘‘for use as an inviolate wildlife observation and photography, by any of the following methods. You sanctuary, or any other management and environmental education and may request a hard copy or CD–ROM. purpose, for migratory birds.’’ The interpretation. We will review and Agency Web Site: Download a copy of Refuge Recreation Act (16 U.S.C. 460–1) update the CCP at least every 15 years the document(s) at http://www.fws.gov/ states that each refuge in the system is in accordance with the Refuge southwest/refuges/Plan/index.html. ‘‘suitable for incidental fish and Administration Act. _ wildlife-oriented recreational E-mail: roxanne [email protected]. CCP Alternatives, Including Selected development, the protection of natural Include ‘‘Aransas final CCP’’ in the Alternative subject line of the message. resources, and the conservation of Mail: Roxanne Turley, Natural endangered or threatened species.’’ Our draft CCP and our EA (75 FR Resource Planner, U.S. Fish & Wildlife Additionally, Aransas NWRC contains 6872) addressed several issues. To Service, Division of Planning, P.O. Box critical habitat for the whooping crane address these, we developed and 1306, Albuquerque, NM 87103–1306. (43 FR 20938, May 15, 1978). evaluated the following alternatives.

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B: Optimal habitat management and A: No-action alternative public use (proposed action) alter- C: Maximal habitat management and native public-use alternative

Issue 1: Habitat Manage- Biological program and habitat man- Ecosystem-level management ac- Intensive management to achieve a ment Activities. agement would continue under ex- tions to better protect and pre- predetermined amount of wood- isting plans, with the emphasis re- serve the natural diversity of lands, wetlands, croplands, grass- maining primarily on migratory unique habitats and sensitive wild- lands, shrublands, and water im- birds, waterfowl, and Federally list- life, through a holistic, partnered, poundments to benefit the highest ed species; the status quo would and publically involved approach, variety of plants and wildlife would prevail without the benefit of holis- would be implemented; current be implemented. tic, long-term, and comprehensive and future long-term benefits for guidance. migratory and resident birds, wild- life and their habitats, and the re- covery of threatened and endan- gered species would be provided. Issue 2: Improvements to Current public use under existing An optimal, quality experience for the All priority public uses (hunting, fish- Public Use Opportuni- plans would continue; any expan- public. Priority wildlife-dependent ing, wildlife observation, photog- ties. sions would occur opportunistically. uses would be emphasized, and raphy, and environmental edu- other existing public uses would cation and interpretation) would be be allowed where appropriate. expanded above current levels. Visitor facilities and interpretive and environmental education pro- grams would be improved or de- veloped. Issue 3: Refuge Land and Currently, there is no active land ac- Same as Alternative A; however, ad- Same as Alternative A. Boundary Protection. quisition or land protection plan. ditional land protection to address However, any future acquisitions whooping crane flock expansion in would be based on an approved the vicinity of the Refuge would be land protection plan, developed as considered. The emphasis would a step-down plan of the CCP. Any remain on protecting whooping additional lands added to the Ref- cranes and available acres of ex- uge would be purchased from will- isting wetland or restorable wet- ing sellers as opportunities and land habitat and adjacent uplands funding arise. in portions of Aransas, Calhoun, and Refugio Counties.

Comments an improved assessment of effects to air Complex. This action will not adversely and water resources, inclusion of impact threatened or endangered We solicited comments on the draft wildlife observed at the refuge, added species or their habitat. Opportunities CCP and the EA for the Aransas NWRC strategies for wildlife-dependent for wildlife-dependent recreation from February 12, 2010, to April 13, recreation, and updates or added activities, such as hunting, fishing, 2010 (75 FR 7862). Subsequently, the supplemental information throughout wildlife observation, photography, Draft Plan/EA was made available for the document. environmental education, and public review starting on February 12, interpretation, will be enhanced. Future Selected Alternative 2010, at the Refuge, online, and at the management actions will have a neutral Regional Office in Albuquerque, New After considering the comments we or positive impact on the local Mexico. Two open house meetings were received, we have selected Alternative B economy, and the recommendations in held in communities near the Refuge in for implementation. This alternative the Plan will ensure that Refuge March 2010. In all, approximately 30 describes how habitat objectives will be management is consistent with the individuals attended the open house accomplished through a combination of mission of the National Wildlife Refuge meetings and a total of 73 comments management activities to encourage System. were submitted in writing or phoned in ecological integrity, promote restoration to the Refuge/Regional Office. of coastal prairie habitats, control Public Availability of Documents Additionally, one State agency, two invasive plant species, and provide In addition to the methods in Federal agencies, and four long-term benefits for migratory and ADDRESSES, you can view or obtain nongovernmental organizations resident birds and the recovery of documents at the following locations: responded prior to the end of the 60-day threatened and endangered species. • Our Web site: http://www.fws.gov/ public comment period. This alternative was selected because it southwest/refuges/texas/STRC/laguna/ Based on the comments received, the best meets refuge purposes and goals of Index_Laguna.html. Draft Plan/EA was changed to include the Aransas National Wildlife Refuge • At the following libraries:

Library Address Phone number

Victoria Public Library ...... 302 N Main St., Victoria, TX 77901 ...... 361–572–2701 Parkdale Branch Library ...... 1230 Carmel Pkwy., Corpus Christi, TX 78411 ...... 361–853–9961 Calhoun County Public Library ...... 200 West Mahan St., Port Lavaca, TX 77979 ...... 361–552–7323 Aransas County Public Library ...... 701 E Mimosa St., Rockport, TX 78382 ...... 361–790–0153

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Dated: January 19, 2011. construction permits from Vulcan be drilled from each pad location. Joy Nicholopoulor. Power Company (Vulcan) and Ormat Associated pipelines and roads would Regional Director, U.S. Fish and Wildlife, Technologies, Inc. (Ormat), and an also be permitted and constructed. Region 2. electric transmission right-of-way The SPPC proposal includes [FR Doc. 2011–1299 Filed 1–27–11; 8:45 am] (ROW) application from Sierra Pacific construction of a new substation, 22 BILLING CODE 4310–55–P Power Company (SPPC), for proposed miles of single circuit 230-kilovolt (kV) geothermal energy projects covering a transmission line, two 230-kV switching combined area of approximately 24,152 stations, and two 60-kV electric lines. DEPARTMENT OF THE INTERIOR acres in the Salt Wells area about 15 The BLM’s purpose for this EIS is to miles east of Fallon, Nevada. Vulcan direct and control the use of public Bureau of Land Management proposes the development of as many as lands for the orderly development of commercial-scale geothermal power [LLNVC0100000 four geothermal power plants and L91310000.EJ0000.LXSIGEOT0000 241A; associated facilities. Ormat proposes the generation facilities, associated MO#4500018986; NVN 087795; 11–08807; development of one geothermal power infrastructure, and a transmission line TAS:14X5575] plant and associated facilities. SPPC in a manner that will protect natural proposes 22 miles of above-ground resources and prevent unnecessary or Notice of Availability of the Draft electrical transmission lines, electrical undue degradation to the public lands Environmental Impact Statement for substations, and switching stations. Due following the NEPA regulations [40 CFR the Salt Wells Energy Projects, to similar timing, geographic area, and 2801.2]. In accordance with 43 CFR part Churchill County, NV type of action, the BLM is analyzing the 2800 and 43 CFR part 3200, the BLM proposals in one EIS. The BLM will needs to process the applications to AGENCY: Bureau of Land Management, issue a separate Record of Decision for construct, operate, and maintain the Interior. each proposed project. proposed Salt Wells Energy Projects. ACTION: Notice of Availability. The proposed facilities would be sited Title V of the Federal Land Policy and on a combination of private property Management Act (FLPMA) authorizes SUMMARY: In accordance with of the and public land; the public land is the Secretary of the Interior (through the National Environmental Policy Act of managed by the BLM and the U.S. BLM) to grant ROWs over, upon, under, 1969, as amended (NEPA), the Bureau of Bureau of Reclamation (Reclamation). or through public lands for the purposes Land Management (BLM) has prepared The Vulcan project proposal is to of generating and transmitting electric a Draft Environmental Impact Statement construct as many as four 30- to 60- energy. These projects are consistent (EIS) for the Salt Wells Energy Projects megawatt (MW) binary or dual-flash with the BLM Carson City District Office and by this notice is announcing the geothermal power plants and associated Consolidated Resource Management opening of the comment period. facilities at five possible locations for a Plan (2001). DATES: To ensure comments will be total net output of 120 MW. Each site In addition to the proposed actions, considered, the BLM must receive includes production and injection wells, the BLM is analyzing the following written comments on the Salt Wells pipelines, a substation, interconnection action alternatives. For the Vulcan Energy Projects Draft EIS within 60 days lines to the proposed substation, and project, an alternative switching station following the date the Environmental access roads. The Vulcan project could and interconnection 230-kV Protection Agency publishes its Notice require an estimated 46 geothermal transmission line is proposed should of Availability in the Federal Register. production and injection wells. Twenty SPCC elect not to build its project. For The BLM will announce future meetings of these wells have been analyzed in the Ormat project, the BLM developed or hearings and any other public two previous environmental an alternative to relocate specific well involvement activities at least 15 days assessments (EA): Salt Wells sites and a portion of a pipeline to in advance through public notices, Geothermal Drilling EA for Ten Drilling maintain consistency with lease media releases, and/or mailings. Wells, EA–NV–030–07–05 (February 6, stipulations and land use plan decisions ADDRESSES: You may submit comments 2007), and Salt Wells Geothermal to protect riparian vegetation and related to the Salt Wells Energy Projects Exploratory Drilling Program EA for Ten surface waters within canals. For the by any of the following methods: Wells, DOI– BLM–NV–C010–2009– SPPC project, two alternative routes for • Web site: http://www.blm.gov/nv/st/ 0006–EA (April 24, 2009). the proposed 230-kV transmission line en/fo/carson_city_field.html. The Ormat project proposal includes and an alternative examining the • E-mail: [email protected]. the construction and operation of a 40– construction of an additional fiber optic • Fax: 775–885–6147. MW binary combination wet- and air- line to connect communications from • Mail or other delivery service: BLM cooled geothermal power plant, a Highway 50 are being considered to Carson City District, Stillwater Field substation, a switching station, and an minimize impacts to the nearby Fallon Office, Attn: Salt Wells Energy Projects, associated transmission line between Naval Air Station (NAS) airspace. As 5665 Morgan Mill Road, Carson City, the power plant and switching station. required under NEPA, the Draft EIS Nevada 89701. These facilities would be developed on analyzes a no-action alternative for each an 80-acre private parcel. While Ormat Copies of the Salt Wells Energy Projects of the proposed projects. has not yet determined the total number The BLM took into consideration the Draft EIS are available in the BLM of production and injection wells provisions of the Energy Policy Act of Carson City District, Stillwater Field needed, up to 13 well pads would be 2005, and Secretarial Orders 3283, Office at the above address. constructed in addition to the 12 well Enhancing Renewable Energy FOR FURTHER INFORMATION CONTACT: pads previously analyzed in the Carson Development on the Public Lands, and Colleen Sievers, (775) 885–6000, or e- Lake Geothermal Exploration Project 3285A1, Renewable Energy _ mail: saltwells [email protected]. EA–NV–030–07–006 and DOI–BLM– Development by the Department of the SUPPLEMENTARY INFORMATION: The BLM NV–C010–2010–0012—Determination Interior, in responding to the Stillwater Field Office received separate of NEPA Adequacy, and authorized by applications. proposed geothermal utilization plans the BLM on July 25, 2008, and July 22, The Draft EIS analyzes site-specific and applications for facilities 2010, respectively up to five wells might impacts of the proposed projects on

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land use authorizations, airspace, and cannot guarantee that we will be able to • Web site: http://www.blm.gov/nv/st/ access; air quality; minerals/geology and do so. en/fo/lvfo.html; soils; farm lands (prime or unique); • Fax: 702–515–5023; Teresa J. Knutson, water quality and quantity; floodplains, • Mail: BLM Las Vegas Field Office, Manager, Stillwater Field Office, BLM Carson RAMP/CTTA/EIS, 4701 North Torrey wetlands, and riparian zones; vegetation City District. (including invasive, nonnative species); Pines Drive, Las Vegas, Nevada 89130– Authority: 43 CFR part 2800 and 43 CFR 2301; and wildlife; migratory birds; BLM- • _ designated sensitive animal and plant part 3200. E-mail: LVFO [email protected]. Documents pertinent to this proposal species; cultural resources; Native [FR Doc. 2011–1831 Filed 1–27–11; 8:45 am] may be examined at the Southern American religious concerns; BILLING CODE 4310–HC–P Nevada District, Las Vegas Field Office. paleontological resources; visual resources; livestock grazing; recreation; FOR FURTHER INFORMATION CONTACT: For special designations (including areas of DEPARTMENT OF THE INTERIOR further information and/or to have your critical environmental concern and name added to the mailing list, contact wilderness); national scenic and historic Bureau of Land Management Marilyn Peterson, Project Manager, telephone 702–515–5054, or e-mail trails; noise; public health and safety [LLNVS00000 L19200000.PH0000 [email protected]. and fire management; hazardous or LRSNCI530800 241A; 10–08807; solid wastes; social and economic MO#4500012623; TAS: 14X1109] SUPPLEMENTARY INFORMATION: The Las values; and environmental justice. Vegas Resource Management Plan Notice of Intent To Prepare a Pursuant to Section 201[a] of FLPMA, recommended the completion of the Recreation Area Management Plan, a the 1979 wilderness characteristic RAMP to provide more specific Comprehensive Transportation and inventory was updated for all lands that management direction. The CTTM will Travel Management Plan for the Las could be impacted by the proposed address transportation and travel issues Vegas Field Office, Nevada and action and alternatives. No changes in the Las Vegas Field Office. The Associated Environmental Impact RAMP will direct implementation of have occurred that would warrant a Statement change of the 1979 finding that recreation and CTTM decisions. The wilderness characteristics were not AGENCY: Bureau of Land Management, planning area is located in Clark present in the area. Therefore, Interior. County, Nevada, and encompasses approximately 3,374,519 acres of public wilderness characteristics are not ACTION: Notice of Intent. analyzed in the EIS. A Notice of Intent land. The purpose of the public scoping to Prepare an EIS for the Salt Wells SUMMARY: In compliance with the process is to determine relevant issues Energy Projects, Churchill County, National Environmental Policy Act of that will influence the scope of the environmental analysis, including Nevada, was published in the Federal 1969, as amended, and the Federal Land alternatives, and guide the planning Register on September 11, 2009 (74 FR Policy and Management Act of 1976, as process. Preliminary issues for the 46787). The BLM held one public amended, the Bureau of Land planning area have been identified by scoping meeting in Fallon, Nevada, on Management (BLM) Las Vegas Field BLM personnel; Federal, State, and local October 21, 2009. The formal scoping Office, Las Vegas, Nevada, intends to agencies; and other stakeholders. These period ended November 10, 2009. prepare a Recreation Area Management issues include: Several issues were raised during Plan (RAMP), Comprehensive Transportation and Travel Management • How will cultural and natural scoping including the proximity to resources be preserved for current and Fallon NAS, the need to monitor (CTTM) Plan with an associated Environmental Impact Statement (EIS) future generations? potential impacts to ground and surface • for the Las Vegas Field Office and by How to manage recreation in a water, impacts to wildlife habitat and this notice is announcing the beginning manner that is compatible with the wildlife (migratory birds and golden of the scoping process to solicit public plans and needs of Native American eagles), and effects of lighting on Dark comments and identify issues. tribes and other local, State, and Federal Sky attributes of the area. DATES: This notice initiates the public agencies? • How will the RAMP/CTTM be Please note that public comments and scoping process for the RAMP/CTTM responsive to continually changing information submitted, including with associated EIS. Comments on conditions, stemming primarily from an names, street addresses, and e-mail issues may be submitted in writing until addresses of persons who submit increasing urban interface? March 29, 2011. The date(s) and • comments, will be available for public How will visitors’ activities be location(s) of any scoping meetings will managed in a manner that protects the review and disclosure Bureau of Land be announced at least 15 days in Management Carson City District Office, cultural and natural resources while advance through local media and the providing reasonable access? 5665 Morgan Mill Road, Carson City, BLM Web site at: http://www.blm.gov/ • Nevada during regular business hours (8 What facilities and infrastructure nv/st/en/fo/lvfo.html. In order to be will be needed to provide visitor a.m. to 4 p.m.), Monday through Friday, included in the Draft EIS, all comments except holidays. services, information/interpretation, and must be received prior to the close of administration of recreation Before including your address, phone the 30-day scoping period or 30 days opportunities? number, e-mail address, or other after the last public meeting, whichever • How will the RAMPS/CTTM personal identifying information in your is later. We will provide additional integrate with other Federal, regional comment, you should be aware that opportunities for public participation and local plans? your entire comment—including your upon publication of the Draft RAMP/ • How will CTTM designations be personal identifying information—may CTTM/EIS. incorporated into long-term goals for be made publicly available at any time. ADDRESSES: You may submit comments recreation and other resource needs? While you can ask us in your comment on issues and planning criteria related • What effect will rights-of-way to withhold your personal identifying to the Las Vegas RAMP/CTTM/EIS authorizations and land sales have on information from public review, we using any of the following methods: recreation opportunities?

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• Where can urban trails connect to Authority: 40 CFR 1501.7; 43 CFR 1610.2 sec. 32, NW1⁄4NE1⁄4NE1⁄4 and E Federal lands; and and 8342.1–2. 1⁄2NW1⁄4NE1⁄4. The area described contains 50.15 acres in • How should the Las Vegas Robert B. Ross, Jr., Inyo County. Perimeter Open Space and Trail Manager, Las Vegas Field Office. The land is not needed for any concept, located primarily on BLM [FR Doc. 2011–1902 Filed 1–27–11; 8:45 am] Federal purpose. The County of Inyo lands, be considered? BILLING CODE 4310–HC–P has leased the described property from You may submit comments on issues BLM since May of 1983. The described and planning criteria in writing to the property will be conveyed to the County DEPARTMENT OF THE INTERIOR BLM at public scoping meetings or you of Inyo without possibility of reverter to may submit them to the BLM using one Bureau of Land Management the United States pursuant to 43 CFR of the methods listed in the ADDRESSES 2743.3–1(c). The conveyance is section of this notice. To be most [LLCAD–0800–1430–ER; CACA 4318] consistent with current Bureau land use helpful, you should submit comments planning and would be in the public within the 60-day public comment Notice of Realty Action; Recreation interest. The patent, if issued, will be period. Before including your address, and Public Purposes Act subject to the provisions of the R&PP phone number, e-mail address, or other Classification; California Act and applicable regulations of the Secretary of the Interior, in particular, personal identifying information in your AGENCY: Bureau of Land Management, but not limited to 43 CFR 2743.3–1, and comment, you should be aware that the Interior. will contain the following additional entire comment—including personal ACTION: Notice of realty action. reservations, terms, and conditions: identifying information—may be made 1. A right-of-way thereon for ditches publicly available at any time. While SUMMARY: The Bureau of Land or canals constructed by the authority of you can ask us in your comment to Management (BLM) has examined and the United States pursuant to the Act of withhold your personal identifying found suitable for classification and August 30, 1890, 43 U.S.C. 945. information from public review, we conveyance under Section 7 of the 2. All minerals shall be reserved to cannot guarantee that we will be able to Taylor Grazing Act, 43 U.S.C. 315f, and the United States, together with the do so. The minutes and list of attendees the provisions of the Recreation and right to prospect for, mine, and remove for each scoping meeting will be Public Purposes (R&PP) Act, as the minerals under applicable laws and available to the public and open for 30 amended, 50.15 acres of public land in such regulations as the Secretary of the days after the meeting to any participant County of Inyo, California. The County Interior may prescribe, including all who wishes to clarify the views he or of Inyo has filed an R&PP application to necessary access and exit rights. she expressed. The BLM will evaluate purchase the 50.15-acre parcel of public 3. The patent, if issued, will be the identified issues, to be addressed in land that contains a closed solid waste subject to all valid existing rights. landfill facility. 4. The patentee, by accepting a patent, the plan, and will place them into one covenants and agrees to indemnify, of three categories: DATES: Comments of interested persons must be received in the BLM Barstow defend, and hold the United States and 1. Issues to be resolved in the plan; its officers, agents, representatives, and Field Office at the address below on or employees (hereinafter referred to in 2. Issues to be resolved through policy before March 14, 2011. Only written this clause as the ‘‘United States’’) or administrative action; or comments will be accepted. harmless from any costs, damages, 3. Issues beyond the scope of this ADDRESSES: Bureau of Land claims, causes of action, penalties, fines, plan. Management, Barstow Field Office, 2601 liabilities, and judgments of any kind or The BLM will provide an explanation Barstow Road, Barstow, California nature arising from the past, present, in the Draft RAMP/CTTM/EIS as to why 92311. and future acts or omissions of the an issue is placed in category 2 or 3. The FOR FURTHER INFORMATION CONTACT: patentees or their employees, agents, public is also encouraged to help Birgit Hoover, Realty Specialist, BLM contractors, or lessees, or any third identify any management questions and Barstow Field Office, (760) 252–6035. party, arising out of or in connection concerns that should be addressed in Detailed information concerning this with the patentees’ use, occupancy, or the plan. The BLM will work action, including but not limited to operations on the patented real collaboratively with interested parties to documentation related to compliance property. This indemnification and hold identify the management decisions that with applicable environmental and harmless agreement includes, but is not are best suited to local, regional, and cultural resource laws, is available for limited to, acts and omissions of the patentees and their employees, agents, national needs and concerns. review at the BLM Barstow Field Office at the address above. contractors, or lessees, or any third The BLM will use an interdisciplinary SUPPLEMENTARY INFORMATION: The party, arising out of or in connection approach to develop the plan in order following described public land in Inyo with the use and/or occupancy of the to consider the variety of resource issues County, California has been examined patented real property which has and concerns identified. Specialists and found suitable for classification and already resulted or does hereafter result with expertise in the following conveyance under Section 7 of the in: (a) Violations of Federal, State, and disciplines will be involved in the Taylor Grazing Act, 43 U.S.C. 315f, and local laws and regulations that are now planning process: Renewable energy, the provisions of the R&PP Act as or may in the future become, applicable lands and realty, minerals management, amended, 43 U.S.C. 869 et seq., and is to the real property; (b) Judgments, outdoor recreation, air resources, visual hereby classified accordingly: claims, or demands of any kind assessed resources, vegetation, cultural resources, against the United States; (c) Costs, paleontology, botany, special status San Bernardino Meridian expenses, or damages of any kind species, wildlife and fisheries, T. 22N., R. 7E., incurred by the United States; (d) hydrology, sociology and economics. sec. 29, SE1⁄4SW1⁄4SE1⁄4 and Releases or threatened releases of solid SW1⁄4SE1⁄4SE1⁄4; or hazardous waste(s) and/or hazardous

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substances(s), as defined by Federal or administrative procedures in reaching electronic transfers, are specified in the State environmental laws, off, on, into the decision, or any other factor not terms and conditions of sale described or under land, property and other directly related to the suitability of the herein. Sealed bids will be opened on interests of the United States; (e) land for a closed solid waste facility. June 14, 2011, which will be the sale Activities by which solids or hazardous Any adverse comments will be reviewed date. substances or wastes, as defined by by the BLM California State Director ADDRESSES: Written comments Federal and State environmental laws who may sustain, vacate, or modify this concerning the proposed sale should be are generated, released, stored, used or realty action. In the absence of any sent to the Field Manager, BLM otherwise disposed of on the patented adverse comments, this realty action Hollister Field Office, 20 Hamilton real property, and any cleanup will become the final determination of Court, Hollister, CA 95023. Sealed bids response, remedial action or other the Department of the Interior. must also be submitted to this address. actions related in any manner to said Before including your address, phone More detailed information regarding the solid or hazardous substances or wastes; number, e-mail address, or other proposed sale and the land involved, or (f) Natural resource damages as personal identifying information in your including maps and current appraisal defined by Federal and State law. This comment, you should be aware that may be reviewed during normal covenant shall be construed as running your entire comment—including your business hours between 7:30 a.m. and 4 with the above described parcel of land personal identifying information—may p.m. at the Hollister Field Office. patented or otherwise conveyed by the be made publicly available at any time. FOR FURTHER INFORMATION CONTACT: United States, and may be enforced by While you can ask us in your comment the United States in a court of to withhold your personal identifying Christine Sloand, Realty Specialist, competent jurisdiction. information from public review, we BLM, Hollister Field Office, 20 5. Pursuant to the requirements cannot guarantee that we will be able to Hamilton Court, Hollister, CA 95023, or established by Section 120(h) of the do so. In the absence of any adverse phone (831) 630–5022. Comprehensive Environmental comments, the classification of the land SUPPLEMENTARY INFORMATION: The Response, Compensation and Liability described in this notice will become following two parcels of public land are Act, 42 U.S.C 9620(h) (CERCLA), as effective March 29, 2011. The land will proposed for competitive sale, in amended by the Superfund not be available for conveyance until accordance with Sections 203 and 209 Amendments and Reauthorization Act after the classification becomes of the Federal Land Policy and of 1988, 100 Stat. 1670, notice is hereby effective. Management Act of 1976 (FLPMA), as given that the above-described parcel amended (43 U.S.C. 1713 and 1719). has been examined and no evidence was (Authority: 43 CFR 2741.5) Mount Diablo Meridian found to indicate that any hazardous Karla D. Norris, substances have been stored for 1 year Associate Deputy State Director. Parcel One or more, nor had any hazardous [FR Doc. 2011–1837 Filed 1–27–11; 8:45 am] T. 24S., R. 8E., substances been disposed of or released 1 4 1 4 BILLING CODE 4310–40–P Sec. 11, SW ⁄ SW ⁄ . on the subject property. The area described contains 40 acres, 6. Upon publication of this notice in more or less, in Monterey County. the Federal Register, the public land DEPARTMENT OF THE INTERIOR Parcel one is proposed for sale at the described above is segregated from all appraised fair market value of $68,200. forms of appropriation under the public Bureau of Land Management land laws, including the general mining Parcel Two laws, except for conveyance under the [LLCA930000 L58790000 EU0000; CACA 50168 17 and 18] R&PP Act. Interested parties may submit T. 24S., R. 8E., Sec 12, SW1⁄4SW1⁄4. comments regarding the proposed Notice of Realty Action: Competitive The area described contains 40 acres, conveyance classification of the lands Sale of Public Lands in Monterey more or less, in Monterey County. for a period of 45 days from the date of County, CA publication of this notice in the Federal Parcel two is proposed for sale at the Register. AGENCY: Bureau of Land Management, appraised fair market value of $68,200. Classification Comments: Interested Interior. The public lands were first identified as parties may submit comments involving ACTION: Notice of realty action. suitable for disposal in the 1984 BLM the suitability of the land for a closed Hollister Resource Management Plan solid waste facility. Comments on the SUMMARY: The Bureau of Land (RMP) and remain available for sale classification are restricted to whether Management (BLM), Hollister Field under the 2007 Hollister RMP revision, the land is physically suited for the Office, proposes to sell two separate and are not needed for any other Federal proposal, whether the use will parcels of public land totaling 80 acres purpose. Disposal of the lands would be maximize the future use or uses of the in Monterey County, California. The in the public interest. The lands are land, whether the use is consistent with sale will be conducted as competitive difficult and uneconomic to manage as local planning and zoning, or if the use bid auctions in which interested bidders part of the public lands because they is consistent with State and Federal must submit written sealed bids equal lack legal access, and are small parcels programs. The classification of the land to, or greater than, the appraised fair isolated from other public lands. The described in this Notice will become market value of the lands. BLM has completed a mineral potential effective March 29, 2011. The land will DATES: Written comments regarding the report which concluded there are no not be offered for conveyance until after proposed sales must be received by the known mineral values in the lands the classification becomes effective. BLM on or before March 14, 2011. proposed for sale. The BLM proposes Application Comments: Interested Sealed bids must be received no later that conveyance of the Federal mineral parties may submit comments regarding than 3 p.m., Pacific Time on June 13, interests would occur simultaneously the specific use proposed in the 2011, at the address specified below. with the sale of the lands. application and plan of development, Other deadline dates for payments, On January 28, 2011, the above whether the BLM followed proper arranging payments, and payment by described lands will be segregated from

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appropriation under the public land form of a certified check, money order, subject to any applicable reviews and laws, including the mining laws, except bank draft, or cashier’s check made approvals by the respective unit of local for the sale provisions of the FLPMA. payable in U.S. dollars to the Bureau of government for proposed future uses, Until completion of the sale, the BLM Land Management prior to the and any such reviews and approvals will no longer accept land use expiration of 180 days from the date of will be the responsibility of the buyer. applications affecting the identified the sale. Personal checks will not be Any land lacking access from a public public lands, except applications for the accepted. road or highway will be conveyed as amendment of previously filed right-of- Failure to submit the full bid price such, and future access acquisition will way applications or existing prior to, but not including, the 180th be the responsibility of the buyer. authorizations to increase the term of day following the day of the sale, will Detailed information concerning the the grants in accordance with 43 CFR result in the forfeiture of the 10 percent proposed land sale including the 2802.15 and 2886.15. The segregation bid deposit to the BLM in accordance reservations, sale procedures and terminates upon issuance of a patent, with 43 CFR 2711.3–1(d). No exceptions conditions, appraisal, planning and publication in the Federal Register of a will be made. The BLM will return environmental documents, and a termination of the segregation, or on checks submitted by unsuccessful mineral report are available for review January 28, 2013, unless extended by bidders by U.S. mail. The BLM may at the location identified in ADDRESSES the BLM State Director in accordance accept or reject any or all offers, or above. with 43 CFR 2711.1–2(d) prior to the withdraw any parcel of land or interest Public Comments regarding the termination date. The land would not be therein from sale, if, in the opinion of proposed sale may be submitted in sold until at least March 29, 2011. Any the BLM authorized officer, writing to the attention of the BLM conveyance document issued would consummation of the sale would not be Hollister Field Manager (see ADDRESSES contain the following terms, conditions, fully consistent with FLPMA or other above) on or before March 14, 2011. and reservations: applicable law or is determined to not Comments received in electronic form, 1. A reservation of a right-of-way to be in the public interest. Under Federal such as e-mail or facsimile, will not be the United States for ditches and canals law, the public lands may only be considered. Any adverse comments constructed by authority of the United conveyed to U.S. citizens 18 years of age regarding the proposed sale will be States under the Act of August 30, 1890 or older; a corporation subject to the reviewed by the BLM State Director or (43 U.S.C 945); laws of any State or of the United States; other authorized official of the 2. A condition that the conveyance be a State, State instrumentality, or Department of the Interior, who may subject to all valid existing rights of political subdivision authorized to hold sustain, vacate, or modify this realty record; property, or an entity legally capable of action in whole or in part. In the 3. An appropriate indemnification conveying and holding lands under the absence of timely filed objections, this clause protecting the United States from laws of the State of California. claims arising out of the patentee’s use, realty action will become the final Certification of qualifications, including determination of the Department of the occupancy, or operations on the citizenship or corporation or patented lands; and Interior. Before including your address, partnership, must accompany the sealed phone number, e-mail address, or other 4. Additional terms and conditions bid. A bid to purchase the land will personal identifying information in your that the authorized officer deems constitute an application for conveyance comment, be advised that your entire appropriate. Interested bidders are of the mineral interests of no known comment—including your personal advised to obtain an Invitation For Bids value, and in conjunction with the final identifying information—may be made (IFB) from the BLM Hollister Field payment, the high bidder will be publicly available at any time. While Office at the address above or by calling required to pay a $50 non-refundable you can ask us in your comment to (831) 630–5022. Interested bidders must filing fee for processing the conveyance withhold from public review your follow the instructions in the IFB to of the mineral interests. participate in the bidding process. If not sold, the lands described in this personal identifying information, we Sealed bids must be for not less than Notice may be identified for sale later cannot guarantee that we will be able to the federally approved fair market without further legal notice and may be do so. value. Sealed bids must be received at offered for sale by sealed bid, Internet Authority: 43 CFR 2711.1–2(a) and (c). the BLM Hollister Field Office no later auction, or oral auction. In order to Karla Norris, than 3 p.m., Pacific Time on June 13, determine the value, through appraisal, 2011. Each sealed bid must include a of the lands proposed to be sold, certain Associate Deputy State Director, Natural Resources. certified check, money order, bank draft, extraordinary assumptions may have or cashier’s check made payable in U.S. been made of the attributes and [FR Doc. 2011–1828 Filed 1–27–11; 8:45 am] dollars to the order of the Bureau of limitations of the lands and potential BILLING CODE 4310–40–P Land Management, for 10 percent of the effects of local regulations and policies amount of the bid. The highest on potential future land uses. Through DEPARTMENT OF THE INTERIOR qualifying bidder among the qualified publication of this Notice, the BLM bids received for the sale will be gives notice that these assumptions may Bureau of Land Management declared the high bid and the high not be endorsed or approved by units of bidder will receive written notice. local government. It is the buyer’s Bidders submitting matching high bid responsibility to be aware of all [LLCACO8000.L19200000.DA0000. LRORBX003800] amounts will be provided an applicable local government policies, opportunity to submit supplemental laws, and regulations that would affect Notice of Temporary Restriction of bids. The BLM Hollister Field Office the lands, including any required Discharge of Firearms on Public Lands Manager will determine the method of dedication of lands for public uses. It is at Kanaka Valley, El Dorado County, supplemental bidding, which may be by also the buyer’s responsibility to be CA oral auction or additional sealed bids. aware of existing or projected uses of The successful bidder must submit the nearby properties. When conveyed out AGENCY: Bureau of Land Management, remainder of the full bid price in the of Federal ownership, the lands will be Interior.

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ACTION: Notice of temporary use Register or until September 23, 2012, Administration, has prepared a restriction. whichever occurs first. The recent combined Stehekin River Corridor acquisition of this area by the Bureau of Implementation Plan, Lake Chelan SUMMARY: Notice is hereby given that a Land Management (BLM) and National Recreation Area Land temporary restriction of use (prohibition subsequent increase of use at Kanaka Protection Plan, and Draft of firearms use) is in effect on public Valley has led to significant safety Environmental Impact Statement (Plan/ lands in the Kanaka Valley administered concerns primarily because of the lack DEIS). The Plan/DEIS evaluates four by the Mother Lode Field Office, Bureau of appropriate visitor management alternatives for sustainable management of Land Management. infrastructure (signage, fencing, parking, of NPS facilities (e.g. roads, DATES: This use restriction is effective as trails etc) and an activity plan to guide maintenance yard, trails, bridges) in of September 24, 2010 and will remain visitor use for Kanaka Valley. response to flooding and erosion issues in effect until published supplementary The BLM has posted temporary use on the lower Stehekin River between rules supersede this temporary use restriction signs at main entry points to High Bridge and Lake Chelan, outside of restriction order or September 23, 2012, Kanaka Valley. This restriction order the Stephen Mather Wilderness. The whichever occurs first. will be posted in the Mother Lode BLM original Notice of Availability FOR FURTHER INFORMATION CONTACT: Field Office. Maps of the affected area (published in the Federal Register on William Haigh, Field Manager, 5152 and other documents associated with September 7, 2010) announced a 90-day Hillsdale Circle, El Dorado Hills, this restriction order will be available at public comment period. In deference to California 95762, (916) 941–3101. [email protected]; 5152 Hillsdale Circle, requests from the public and interested Persons who use a telecommunications El Dorado Hills, California 95762, and organizations, the comment period has device for the deaf (TDD) may call the (916) 941–3101. Under the authority of been extended for an additional thirty Federal Information Relay Service Section 303(a) of the Federal Land days. (FIRS) at 1–800–877–8339 to contact the Policy and Management Act of 1976 (43 above individual during normal U.S.C. 1733(a)), 43 CFR 8360.0–7, and SUPPLEMENTARY INFORMATION: It will not business hours. The FIRS is available 24 43 CFR 8364.1, the Bureau of Land be necessary for individuals, hours a day, seven days a week, to leave Management will enforce the following organizations, and agencies that have a message or question with the above temporary use restrictions within already commented to do so again. All individual. You will receive a reply Kanaka Valley: No discharge of firearms. other comments must now be during normal business hours. The following persons are exempt postmarked or transmitted no later than SUPPLEMENTARY INFORMATION: This from this order: Federal, state and local February 11, 2011. Respondents wishing temporary use restriction affects public officers and employees in the to comment electronically may do so lands at Kanaka Valley in El Dorado performance of their official duties and online (http://www.nps.gov/noca/ County, California. The legal persons with written authorization from parkmgmt/srcip.htm), or letters may be description of the affected public lands the BLM. submitted via regular mail to: is: Any person who violates the above Superintendent, Attn: Stehekin River restriction may be tried before a United NE 1⁄4, SW 1⁄4, NW 1⁄4 of Section 7, Corridor Implementation Plan/DEIS, excepting all that portion described in the States Magistrate and fined no more North Cascades National Park Service boundary line adjustment grant deed than $1,000, imprisoned for no more Complex, 810 State Route 20, Sedro recorded May 14, 2002 document no. 2002– than 12 months, or both. Such Woolley, WA 98284. 35195. S 1⁄2 of the SW 1⁄4 of the SW 1⁄4 of violations may also be subject to the Electronic copies of the Plan/DEIS Section 6. N 1⁄2 of SW 1⁄4, of the SW 1⁄4 of enhanced fines provided for by 18 1 1 may be downloaded from the online Section 5. W ⁄2 of the NW ⁄4 and the NW U.S.C. 3571. 1⁄4 of the SW 1⁄4 of Section. 5. NE Fractional address noted above; to obtain a printed 1⁄4 s (Lots 1 and 2) S 1⁄2 of the N 1⁄2 of Lot Authority: 43 U.S.C. 1733(a), 43 CFR copy of the document please contact the 1 1 8360.0–7 and 8364.1. 1 of the SW ⁄4 of Section 6. N ⁄2 of the SE park at the address noted above, or 1 ⁄4 of Section 6, excepting all that portion William Haigh, request via telephone at (360) 854–7201. described in the boundary line adjustment grant deed recorded November 6, 2002 Field Manager, Mother Lode BLM Field Office. Two additional public meetings document no. 2002–85903. Township 10 [FR Doc. 2011–1835 Filed 1–27–11; 8:45 am] regarding the Plan/DEIS have been North, Range 9 East, Mount Diablo Meridian. BILLING CODE 4310–40–P scheduled during the extended W 1⁄2 of the SE 1⁄4, SE 1⁄4 of the SW 1⁄4 of comment period. These will be held in Section 31, Township 11 North, Range 9 East, Stehekin, Washington on January 10, Mount Diablo Meridian, excepting all that DEPARTMENT OF THE INTERIOR 2011 (5 p.m.–7 p.m., Golden West portion described in the boundary line Visitor Center); and on January 12, 2011 adjustment grant deed recorded May 14, 2002 National Park Service document no. 2002–35196. NW 1⁄4 of the NW in Sedro—Woolley, Washington (6 1⁄4 of Section 8, Township. 10 North, Range [9475–0764–422] p.m.–8 p.m., North Cascades National 9 East. Mount Diablo Meridian. Park Complex Headquarters). Draft Environmental Impact Statement, The temporary use restriction is Before including your address, phone Stehekin River Corridor necessary to protect persons, property number, e-mail address, or other Implementation Plan, North Cascades and public lands. Specifically, this use personal identifying information in your National Park Service Complex; restriction temporarily prohibits the comment, you should be aware that Chelan, Skagit, and Whatcom discharge of firearms to protect persons, your entire comment—including your Counties, WA property and resources from stray personal identifying information—may bullets. Discharge of firearms is AGENCY: National Park Service, Interior. be made publicly available at any time. prohibited as of September 24, 2010 ACTION: Notice of extension of public While you can ask us in your comment until the completion of the Kanaka comment period. to withhold your personal identifying Valley management planning process information from public review, we and the publication of final SUMMARY: The National Park Service, in cannot guarantee that we will be able to supplementary rules in the Federal cooperation with the Federal Highway do so.

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Dated: November 29, 2010. KENTUCKY INTERNATIONAL TRADE Patricia L. Neubacher, Henderson County COMMISSION Acting Regional Director, Pacific West Region. Hart, J. Hawkins, House, 630 St., Henderson, [FR Doc. 2011–1966 Filed 1–27–11; 8:45 am] Notice of Receipt of Complaint; 11000005 Solicitation of Comments Relating to BILLING CODE 4312–GX–P Jefferson County the Public Interest McBride’s Harrods Creek Landing, 5913 AGENCY: U.S. International Trade DEPARTMENT OF THE INTERIOR River Rd., Harrods Creek, 11000006 Commission. Miller Paper Company Buildings, 118–122 E. National Park Service Main St., Louisville, 11000007 ACTION: Notice. Most Blessed Sacrament School, 1128 Berry SUMMARY: Notice is hereby given that [2280–665] Blvd., Louisville, 11000008 the U.S. International Trade National Register of Historic Places; Letcher County Commission has received a complaint Notification of Pending Nominations Jenkins School, 75 Pane St., Jenkins, entitled In Re Certain Set-Top Boxes, and Related Actions 11000004 and Hardware and Software LOUISIANA Components Thereof, DN 2782; the Nominations for the following Commission is soliciting comments on properties being considered for listing Lincoln Parish any public interest issues raised by the or related actions in the National Ruston USO, 212 N. Trenton St., Suite #1, complaint. Register were received by the National Ruston, 11000009 FOR FURTHER INFORMATION CONTACT: Park Service before January 1, 2011. Marilyn R. Abbott, Secretary to the Pursuant to §§ 60.13 or 60.15 of 36 CFR MISSOURI Commission, U.S. International Trade Part 60, written comments are being Jackson County Commission, 500 E Street, SW., accepted concerning the significance of Bellefontaine Avenue Historic District, 500– Washington, DC 20436, telephone (202) the nominated properties under the 24 Bellefontaine Ave., Kansas City, 205–2000. The public version of the National Register criteria for evaluation. 11000010 complaint can be accessed on the Comments may be forwarded by United Imperial Brewing Company Brewery, Commission’s electronic docket (EDIS) States Postal Service, to the National (Railroad Related Historic Commercial and at http://edis.usitc.gov, and will be Register of Historic Places, National Industrial Resources in Kansas City, available for inspection during official Park Service, 1849 C St., NW., MS 2280, Missouri MPS) 2825 Southwest Blvd., business hours (8:45 a.m. to 5:15 p.m.) Washington, DC 20240; by all other Kansas City, 11000011 in the Office of the Secretary, U.S. carriers, National Register of Historic St. Louis Independent City International Trade Commission, 500 E Places, National Park Service, 1201 Eye Cass Bank and Trust Company, 1450 N. 13th Street, SW., Washington, DC 20436, St., NW., 8th floor, Washington, DC St., St. Louis (Independent City), 11000012 telephone (202) 205–2000. 20005; or by fax, 202–371–6447. Written MONTANA General information concerning the or faxed comments should be submitted Commission may also be obtained by Carbon County by February 14, 2011. accessing its Internet server (http:// Before including your address, phone Bearcreek Cemetery, 1 mi. W. of Bearcreek, www.usitc.gov). The public record for number, e-mail address, or other Bearcreek, 11000017 this investigation may be viewed on the personal identifying information in your NEBRASKA Commission’s electronic docket (EDIS) comment, you should be aware that at http://edis.usitc.gov. Hearing- your entire comment—including your Otoe County impaired persons are advised that personal identifying information—may Mayhew Cabin, 2012 4th Corso, Nebraska information on this matter can be be made publicly available at any time. City, 11000013 obtained by contacting the While you can ask us in your comment NEW YORK Commission’s TDD terminal on (202) to withhold your personal identifying 205–1810. information from public review, we Suffolk County SUPPLEMENTARY INFORMATION: cannot guarantee that we will be able to Plum Island Light Station, (Light Stations of The do so. the United States MPS) N.W. corner of Commission has received a complaint Plum Island, Orient Point, 11000014 filed on behalf of Microsoft Corporation J. Paul Loether, on January 24, 2011. The complaint PUERTO RICO Chief, National Register of Historic Places/ alleges violations of section 337 of the National Historic Landmarks Program. Anasco Municipality Tariff Act of 1930 (19 U.S.C. 1337) in FLORIDA Puente de Anasco, (Historic Bridges of Puerto the importation into the United States, Rico MPS) PR 2 at kilometer 146.1, Anasco, the sale for importation, and the sale De Soto County 11000018 within the United States after Ralls, William Oswell, House, 640 W. SOUTH CAROLINA importation of certain set-top boxes, and Whidden St., Arcadia, 11000001 hardware, and software components Union County Orange County thereof. The complaint names as Gist, Nathaniel, House, 162 Fant Acres Rd., respondent TiVo Inc. of Alviso, CA. Woman’s Club of Ocoee, (Clubhouses of Union, 11000015 Florida’s Woman’s Clubs MPS) 10 N. The complainant, proposed Lakewood Ave., Ocoee, 11000002 WASHINGTON respondents, other interested parties, and members of the public are invited IOWA Whatcom County to file comments, not to exceed five Dubuque County Skagit River and Newhalem Creek pages in length, on any public interest Hydroelectric Projects (Boundary Increase), issues raised by the complaint. Upper Main Street Historic District WA 20 Corridor, Newhalem, 11000016 (Boundary Increase), (Dubuque, Iowa MPS) Comments should address whether 909, 951, 955, 965 Main St., Dubuque, [FR Doc. 2011–1848 Filed 1–27–11; 8:45 am] issuance of an exclusion order and/or a 11000003 BILLING CODE 4312–51–P cease and desist order in this

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investigation would negatively affect the written submissions will be available for General information concerning the public health and welfare in the United public inspection at the Office of the Commission may also be obtained by States, competitive conditions in the Secretary. accessing its Internet server (http:// United States economy, the production This action is taken under the www.usitc.gov). The public record for of like or directly competitive articles in authority of section 337 of the Tariff Act these reviews may be viewed on the the United States, or United States of 1930, as amended (19 U.S.C. 1337), Commission’s electronic docket (EDIS) consumers. and of sections 201.10 and 210.50(a)(4) at http://edis.usitc.gov. In particular, the Commission is of the Commission’s Rules of Practice SUPPLEMENTARY INFORMATION: interested in comments that: and Procedure (19 CFR 201.10, Background. On January 4, 2011, the (i) Explain how the articles 210.50(a)(4)). Commission determined that the potentially subject to the orders are used Issued: January 24, 2011. domestic interested party group in the United States; response to its notice of institution (75 (ii) Identify any public health, safety, By order of the Commission. FR 60814, October 1, 2010) of the or welfare concerns in the United States Marilyn R. Abbott. subject five-year reviews was adequate relating to the potential orders; Secretary to the Commission. and that the respondent interested party (iii) Indicate the extent to which like [FR Doc. 2011–1878 Filed 1–27–11; 8:45 am] group response was inadequate. The or directly competitive articles are BILLING CODE 7020–02–P produced in the United States or are Commission did not find any other otherwise available in the United States, circumstances that would warrant 1 with respect to the articles potentially INTERNATIONAL TRADE conducting full reviews. Accordingly, subject to the orders; and COMMISSION the Commission determined that it (iv) Indicate whether Complainant, would conduct expedited reviews [Investigation Nos. 731–TA–308–310 and pursuant to section 751(c)(3) of the Act. Complainant’s licensees, and/or third 520–521 (Third Review)] party suppliers have the capacity to Staff report. A staff report containing replace the volume of articles Carbon Steel Butt-Weld Pipe Fittings information concerning the subject potentially subject to an exclusion order from Brazil, China, Japan, Taiwan, and matter of the reviews will be placed in and a cease and desist order within a Thailand the nonpublic record on March 2, 2011, commercially reasonable time. and made available to persons on the Written submissions must be filed no AGENCY: United States International Administrative Protective Order service later than by close of business, five Trade Commission. list for these reviews. A public version business days after the date of ACTION: Scheduling of expedited five- will be issued thereafter, pursuant to publication of this notice in the Federal year reviews concerning the section 207.62(d)(4) of the Register. There will be further antidumping duty orders on carbon Commission’s rules. opportunities for comment on the steel butt-weld pipe fittings from Brazil, Written submissions. As provided in public interest after the issuance of any China, Japan, Taiwan, and Thailand. section 207.62(d) of the Commission’s final initial determination in this rules, interested parties that are parties investigation. SUMMARY: The Commission hereby gives to the reviews and that have provided Persons filing written submissions notice of the scheduling of expedited individually adequate responses to the must file the original document and 12 reviews pursuant to section 751(c)(3) of notice of institution,2 and any party true copies thereof on or before the the Tariff Act of 1930 (19 U.S.C. other than an interested party to the deadlines stated above with the Office 1675(c)(3)) (the Act) to determine reviews may file written comments with of the Secretary. Submissions should whether revocation of the antidumping the Secretary on what determination the refer to the docket number (‘‘Docket No. duty orders on carbon steel butt-weld Commission should reach in the 2782’’) in a prominent place on the pipe fittings from Brazil, China, Japan, reviews. Comments are due on or before cover page and/or the first page. The Taiwan, and Thailand would be likely March 7, 2011 and may not contain new Commission’s rules authorize filing to lead to continuation or recurrence of factual information. Any person that is submissions with the Secretary by material injury within a reasonably neither a party to the five-year reviews facsimile or electronic means only to the foreseeable time. For further nor an interested party may submit a extent permitted by section 201.8 of the information concerning the conduct of brief written statement (which shall not rules (see Handbook for Electronic these reviews and rules of general contain any new factual information) Filing Procedures, http://www.usitc.gov/ application, consult the Commission’s pertinent to the reviews by March 7, secretary/fed_reg_notices/rules/ Rules of Practice and Procedure, part 2011. However, should the Department documents/ 201, subparts A through E (19 CFR part of Commerce extend the time limit for handbook_on_electronic_filing.pdf ). 201), and part 207, subparts A, D, E, and its completion of the final results of its Persons with questions regarding F (19 CFR part 207). reviews, the deadline for comments electronic filing should contact the DATES: Effective Date: January 4, 2011. (which may not contain new factual Secretary (202–205–2000). FOR FURTHER INFORMATION CONTACT: information) on Commerce’s final Any person desiring to submit a Christopher J. Cassise (202–708–5408), results is three business days after the document to the Commission in Office of Investigations, U.S. issuance of Commerce’s results. If confidence must request confidential International Trade Commission, 500 E treatment. All such requests should be Street, SW., Washington, DC 20436. 1 A record of the Commissioners’ votes, the directed to the Secretary to the Hearing-impaired persons can obtain Commission’s statement on adequacy, and any individual Commissioner’s statements will be Commission and must include a full information on this matter by contacting available from the Office of the Secretary and at the statement of the reasons why the the Commission’s TDD terminal on 202– Commission’s Web site. Commission should grant such 205–1810. Persons with mobility 2 The Commission has found the responses treatment. See 19 CFR 201.6. Documents impairments who will need special submitted by Hackney Ladish, Inc.; Mills Iron Works, Inc.; Tube Forgings of America, Inc.; and for which confidential treatment by the assistance in gaining access to the Weldbend Corp. to be individually adequate. Commission is properly sought will be Commission should contact the Office Comments from other interested parties will not be treated accordingly. All nonconfidential of the Secretary at 202–205–2000. accepted (see 19 CFR 207.62(d)(2)).

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comments contain business proprietary importation, and the sale within the United States exists as required by information (BPI), they must conform United States after importation of subsection (a)(2) of section 337; with the requirements of sections 201.6, certain game devices, components (2) For the purpose of the 207.3, and 207.7 of the Commission’s thereof, and products containing the investigation so instituted, the following rules. The Commission’s rules do not same by reason of infringement of are hereby named as parties upon which authorize filing of submissions with the certain claims of U.S. Patent No. this notice of investigation shall be Secretary by facsimile or electronic 7,787,411 (‘‘the ‘411 patent’’). The served: means, except to the extent permitted by complaint further alleges that an (a) The complainant is: section 201.8 of the Commission’s rules, industry in the United States exists as Microsoft Corporation, One Microsoft as amended, 67 FR 68036 (November 8, required by subsection (a)(2) of section Way, Redmond, WA 98052. 2002). Even where electronic filing of a 337. (b) The respondents are the following document is permitted, certain The complainant requests that the entities alleged to be in violation of documents must also be filed in paper Commission institute an investigation section 337, and are the parties upon form, as specified in II (C) of the and, after the investigation, issue an which the complaint is to be served: Commission’s Handbook on Electronic exclusion order and a cease and desist order. Datel Design and Development Inc., 33 Filing Procedures, 67 FR 68168, 68173 N. Garden Avenue, Suite 900, ADDRESSES: (November 8, 2002). The complaint, except for Clearwater, FL 33755. In accordance with sections 201.16(c) any confidential information contained Datel Design and Development Ltd., and 207.3 of the rules, each document therein, is available for inspection Stafford Road, Stone, Staffordshire, filed by a party to the reviews must be during official business hours (8:45 a.m. ST15 0DG, United Kingdom. served on all other parties to the reviews to 5:15 p.m.) in the Office of the Datel Direct Ltd., Stafford Road, Stone, (as identified by either the public or BPI Secretary, U.S. International Trade Staffordshire, ST15 0DG, United service list), and a certificate of service Commission, 500 E Street, SW., Room Kingdom. must be timely filed. The Secretary will 112, Washington, DC 20436, telephone Datel Holdings Ltd., Stafford Road, not accept a document for filing without 202–205–2000. Hearing impaired Stone, Staffordshire, ST15 0DG, a certificate of service. individuals are advised that information United Kingdom. Determination. The Commission has on this matter can be obtained by Datel Electronics Ltd., Stafford Road, determined to exercise its authority to contacting the Commission’s TDD Stone, Staffordshire, ST15 0DG, extend the review period by up to 90 terminal on 202–205–1810. Persons United Kingdom. with mobility impairments who will days pursuant to 19 U.S.C. (c) The Commission investigative 1675(c)(5)(B). need special assistance in gaining access to the Commission should contact the attorney, party to this investigation, is Authority: These reviews are being Thomas S. Fusco, Esq., Office of Unfair conducted under authority of title VII of the Office of the Secretary at 202–205–2000. General information concerning the Import Investigations, U.S. International Tariff Act of 1930; this notice is published Trade Commission, 500 E Street, SW., pursuant to section 207.62 of the Commission may also be obtained by accessing its Internet server at http:// Suite 401, Washington, DC 20436; and Commission’s rules. (3) For the investigation so instituted, www.usitc.gov. The public record for Issued: January 24, 2011. the Honorable Paul J. Luckern, Chief this investigation may be viewed on the By order of the Commission. Administrative Law Judge, U.S. Commission’s electronic docket (EDIS) International Trade Commission, shall Marilyn R. Abbott, at http://edis.usitc.gov. Secretary to the Commission. designate the presiding Administrative FOR FURTHER INFORMATION CONTACT: [FR Doc. 2011–1880 Filed 1–27–11; 8:45 am] Law Judge. Thomas S. Fusco, Esq., Office of Unfair Responses to the complaint and the BILLING CODE 7020–02–P Import Investigations, U.S. International notice of investigation must be Trade Commission, telephone (202) submitted by the named respondents in 205–2571. INTERNATIONAL TRADE accordance with section 210.13 of the COMMISSION Authority: The authority for institution of Commission’s Rules of Practice and this investigation is contained in section 337 Procedure, 19 CFR 210.13. Pursuant to [Inv. No. 337–TA–757] of the Tariff Act of 1930, as amended, and 19 CFR 201.16(d)–(e) and 210.13(a), in section 210.10 of the Commission’s Rules such responses will be considered by In the Matter of Certain Game Devices, of Practice and Procedure, 19 CFR 210.10 the Commission if received not later Components Thereof, and Products (2010). than 20 days after the date of service by Containing the Same; Notice of the Commission of the complaint and Investigation Scope of Investigation: Having considered the complaint, the U.S. the notice of investigation. Extensions of AGENCY: U.S. International Trade International Trade Commission, on time for submitting responses to the Commission. January 24, 2011, Ordered that— complaint and the notice of ACTION: Institution of investigation (1) Pursuant to subsection (b) of investigation will not be granted unless pursuant to 19 U.S.C. 1337. section 337 of the Tariff Act of 1930, as good cause therefor is shown. amended, an investigation be instituted Failure of a respondent to file a timely SUMMARY: Notice is hereby given that a to determine whether there is a response to each allegation in the complaint was filed with the U.S. violation of subsection (a)(1)(B) of complaint and in this notice may be International Trade Commission on section 337 in the importation into the deemed to constitute a waiver of the December 23, 2010, under section 337 of United States, the sale for importation, right to appear and contest the the Tariff Act of 1930, as amended, 19 or the sale within the United States after allegations of the complaint and this U.S.C. 1337, on behalf of Microsoft importation of certain game devices, notice, and to authorize the Corporation of Redmond, Washington. components thereof, and products administrative law judge and the The complaint alleges violations of containing the same that infringe one or Commission, without further notice to section 337 based upon the importation more of claims 1 and 7 of the ‘411 the respondent, to find the facts to be as into the United States, the sale for patent, and whether an industry in the alleged in the complaint and this notice

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and to enter an initial determination Written comments and suggestions Clearance Officer, United States and a final determination containing from the public and affected agencies Department of Justice, Justice such findings, and may result in the concerning the proposed collection of Management Division, Policy and issuance of an exclusion order or a cease information are encouraged. Your Planning Staff, Two Constitution and desist order or both directed against comments should address one or more Square, 145 N Street, NE., Washington, the respondent. of the following four points: DC 20530. Issued: January 24, 2011. —Evaluate whether the proposed Dated: January 25, 2011. collection of information is necessary By order of the Commission. Lynn Murray, for the proper performance of the Marilyn R. Abbott, Department Clearance Officer, PRA, U.S. functions of the agency, including Department of Justice. Secretary to the Commission. whether the information will have [FR Doc. 2011–1957 Filed 1–27–11; 8:45 am] [FR Doc. 2011–1879 Filed 1–27–11; 8:45 am] practical utility; BILLING CODE 4410–AT–P BILLING CODE 7020–02–P —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE including the validity of the methodology and assumptions used; Office of Justice Programs [OMB Number 1103–0105] —Enhance the quality, utility, and clarity of the information to be [OMB Number: 1121–0260] Office of Community Oriented Policing collected; and Agency Information Collection Services; Agency Information —Minimize the burden of the Activities: Reinstatement With Change Collection Activities: Revision to a collection of information on those who of a Previously Approved Collection; Currently Approved Collection; are to respond, including through the Proposed Collection: Comments Comments Requested use of appropriate automated, Requested electronic, mechanical, or other ACTION: 60-Day Notice of Information technological collection techniques or ACTION: 60-Day Notice of Information Collection Under Review: Community other forms of information technology, Collection Under Review: Police Public Policing Self-Assessment (CP–SAT). e.g., permitting electronic submission of Contact Survey. responses. The Department of Justice (DOJ) The Department of Justice (DOJ), Office of Community Oriented Policing Overview of This Information Office of Justice Programs (OJP), Bureau Services (COPS) will be submitting the Collection of Justice Statistics (BJS), will be following information collection request (1) Type of Information Collection: submitting the following information to the Office of Management and Budget Revision of a currently approved collection request to the Office of (OMB) for review and approval in collection; comments requested. Management Budget (OMB) for review accordance with the Paperwork (2) Title of the Form/Collection: and clearance in accordance with the Reduction Act of 1995. The information Community Policing Self-Assessment Paperwork Reduction Act of 1995. This collection is published to obtain (CP–SAT). proposed information collection is comments from the public and affected (3) Agency form number, if any, and published to obtain comments from the agencies. the applicable component of the public and affected agencies. Comments The purpose of this notice is to allow Department sponsoring the collection: are encouraged and will be accepted for for 60 days for public comment until None. U.S. Department of Justice Office ‘‘sixty days’’ until March 29, 2011. This March 29, 2011. This process is of Community Oriented Policing process is conducted in accordance with conducted in accordance with 5 CFR Services. 5 CFR 1320.10. 1320.10. (4) Affected public who will be asked If you have comments especially on If you have comments especially on or required to respond, as well as a brief the estimated public burden or the estimated public burden or abstract: Primary: Law Enforcement associated response time, suggestions, associated response time, suggestions, Agencies and community partners. The or need a copy of the proposed or need a copy of the proposed purpose of this project is to improve the information collection instrument with information collection instrument with practice of community policing instructions or additional information, instructions or additional information, throughout the United States by please contact Christine Eith, (202) 305– please contact Ashley Hoornstra, supporting the development of a series 4559, Bureau of Justice Statistics, 810 Department of Justice Office of of tools that will allow law enforcement 7th Street, NW., Washington, DC 20531. Community Oriented Policing Services, agencies to gain better insight into the To ensure that comments on the 145 N Street, NE., Washington, DC depth and breadth of their community information collection are received, 20530. policing activities. OMB recommends that written To ensure that comments on the (5) An estimate of the total number of comments be faxed to the Office of information collection are received, respondents and the amount of time Information and Regulatory Affairs, OMB recommends that written estimated for an average respondent to OMB, Attn: DOJ Desk Officer, Fax: 202 comments be faxed to the Office of respond/reply: It is estimated that 395–7285, or e-mailed to Information and Regulatory Affairs, approximately 29,235 respondents will [email protected]. All OMB, Attn: DOJ Desk Officer, Fax: 202– respond with an average of 17 minutes comments should be identified with the 395–7285, or e-mailed to per response. OMB control number [1121–0260]. Also [email protected]. All (6) An estimate of the total public include the DOJ docket number found comments should be identified with the burden (in hours) associated with the in brackets in the heading of this OMB control number [1103–0105]. Also collection: The total estimated burden is document. include the DOJ docket number found 10,847 hours across 1,213 agencies. Written comments and suggestions in brackets in the heading of this If Additional Information Is Required from the public and affected agencies document. Contact: Lynn Murray, Department concerning the proposed collection of

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information should address one or more statement, and administer the first two Bureau of Justice Statistics, 810 Seventh of the following four points: —Evaluate contact screener questions to the Street, NW., Washington, DC 20531 whether the proposed collection of respondents is approximately 2 minute (phone 202–616–3277). information is necessary for the proper per person. Furthermore, we estimate To ensure that comments on the performance of the function of the that the remaining 18.5 percent of the information collection are received, agency, including whether the interviewed persons or 13,400 persons OMB recommends that written information will have practical utility; will report a face-to-face contact with comments be faxed to the Office of —Evaluate the accuracy of the the police during the 12 month Information and Regulatory Affairs, agency’s estimate of the burden of the reference period prior to the date of OMB, Attn: DOJ Desk Officer, Fax: 202 proposed collection of information, interview. The time to ask the detailed 395–7285, or e-mailed to including the validity of the questions regarding the nature of the [email protected]. All methodology and assumptions used; contact is estimated to take an average comments should be identified with the —Enhance the quality, utility, and of 10 minutes. Respondents will be OMB control number [1121–0319]. Also clarity of the information to be asked to respond to this survey only include the DOJ docket number found collected; and once during the six month period. in brackets in the heading of this —Minimize the burden of the (6) An estimate of the total public document. collection of information on those who burden (in hours) associated with the Written comments and suggestions are to respond, including through the collection: The total estimated annual from the public and affected agencies use of appropriate automated, burden hours are 4,193 hours. concerning the proposed collection of electronic, mechanical, or other If additional information is required information are encouraged. Your technological collection techniques or contact: Mrs. Lynn Murray, Department comments should address one or more other forms of information technology, Clearance Officer, United States of the following four points: e.g., permitting electronic submission of Department of Justice, Justice • Evaluate whether the proposed responses. Management Division, Policy and collection of information is necessary Planning Staff, Two Constitution for the proper performance of the Overview of This Information Square, 145 N Street, Suite 2E–502, functions of the agency, including (1) Type of information collection: Washington, DC 20530. whether the information will have Reinstatement, with change, of a Dated: January 25, 2011. practical utility; • previously approved collection for Lynn Murray, Evaluate the accuracy of the which approval has expired. agencies estimate of the burden of the (2) The title of the form/collection: Department Clearance Officer, PRA, United States Department of Justice. proposed collection of information, Police Public Contact Survey. [FR Doc. 2011–1953 Filed 1–27–11; 8:45 am] including the validity of the (3) The agency form number, if any, methodology and assumptions used; BILLING CODE 4410–18–P and the applicable component of the • Enhance the quality, utility, and Department sponsoring the collection: clarity of the information to be PPCS–1. Bureau of Justice Statistics, DEPARTMENT OF JUSTICE collected; and Department of Justice. • Minimize the burden of the (4) Affected public who will be asked Office of Justice Programs collection of information on those who or required to respond, as well as a brief are to respond, including through the abstract: Primary: Eligible individuals [OMB Number: 1121–0319] use of appropriate automated, must be age 16 or older. Other: None. Agency Information Collection electronic, mechanical, or other The Police Public Contact technological collection techniques or Supplement fulfills the mandate set Activities: Extension of a Currently Approved Collection other forms of information technology, forth by the Violent Crime Control and e.g., permitting electronic submission of Law Enforcement Act of 1994 to collect, ACTION: 60-Day Notice of Information responses. evaluate, and publish data on the use of Collection Under Review: National Overview of This Information excessive force by law enforcement Survey of Youth in Custody, 2011–2012. personnel. The survey will be Collection conducted as a supplement to the The Department of Justice (DOJ), (1) Type of Information Collection: National Crime Victimization Survey in Bureau of Justice Statistics, will be New data collection. all sample households for a six (6) submitting the following information (2) Title of the Form/Collection: month period. collection request to the Office of National Survey of Youth in Custody, (5) An estimate of the total number of Management and Budget (OMB) for 2011–2012. respondents and the amount of time review and approval in accordance with (3) Agency form number, if any, and estimated for an average respondent to the Paperwork Reduction Act of 1995. the applicable component of the respond/reply: Approximately 15,117 The proposed information collection is Department of Justice sponsoring the respondents will be eligible for the published to obtain comments from the collection: Form numbers not available PPCS each month from July to public and affected agencies. Comments at this time. The Bureau of Justice December 2011. Of the eligible 90,700 are encouraged and will be accepted for Statistics, Office of Justice Programs, persons, we expect approximately 80 ‘‘sixty days’’ until March 29, 2011. This Department of Justice is the sponsor for percent or 72,600 of the eligible persons process is conducted in accordance with the collection. will complete a PPCS interview. Of 5 CFR 1320.10. (4) Affected public who will be asked those persons interviewed for the PPCS, If you have comments especially on or required to respond, as well as a brief we estimate approximately 81.5 percent the estimated public burden or abstract: Primary: State, Local, or Tribal or 59,100 will complete only the first associated response time, suggestions, Government. Other: Federal two (contact screener questions) survey or need a copy of the proposed Government, Business or other for- questions. The estimated time to information collection instrument with profit, Not-for-profit institutions. The complete the control information on the instructions or additional information, work under this clearance will be used PPCS form, read the introductory please contact Allen J. Beck, Ph.D., to develop and implement surveys to

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produce estimates for the incidence and confine a population of approximately • Groesbeck Public Library (Maffet prevalence of sexual assault within 1,000 low-security adult male inmates Memorial Library), 601 W. Yeagua juvenile correctional facilities as that are primarily criminal aliens. The Street, Groesbeck, TX. required under the Prison Rape BOP is seeking to reduce prison • Jackson Parish Library, 614 S Polk Elimination Act of 2003 (Pub. L. 108– overcrowding by requesting additional Avenue, Jonesboro, LA. 79). Juvenile facility points of contact contract beds for low-security male • Evangeline Parish Library: Pine will be asked to fill out an online survey criminal aliens. Prairie Branch, 1111 Walnut Street, Pine gathering facility-level characteristics. Prairie, LA. In accordance with the National • Sampled youth in custody will be asked Environmental Policy Act (NEPA) of South Waco Library, 2737 S 18th to complete an audio computer-assisted Street, Waco, TX. 1969, the Council of Environmental • self-interview about their experiences Quality Regulations (40 CFR parts 1500– East Waco Library, 901 Elm inside the facility. 1508), and the Department of Justice Avenue, Waco, TX. The EA is available upon request. To (5) An estimate of the total number of procedures for implementing NEPA (28 request a copy of the EA, please contact: respondents and the amount of time CFR part 61), the BOP has prepared an Richard A. Cohn, Chief, or Issac J. estimated for an average respondent to EA to evaluate the proposed action of Gaston, Site Selection Specialist, respond: It is estimated that 362 facility contracting with one private contractor Capacity Planning and Site Selection points of contact will spend to house approximately 1,000 Federal, Branch, Federal Bureau of Prisons, 320 approximately one hour filling out the low-security, adult male, non-U.S. First Street, NW., Washington, DC facility characteristics questionnaire. It citizen, criminal aliens at a contractor- 20534 Tel: 202–514–6470, Fax: 202– is estimated that 13,289 respondents owned, contractor-operated correctional 616–6024/E-mail: [email protected] or will spend approximately 30 minutes on facility. average responding to the survey. [email protected]. The BOP’s EA evaluates the potential (6) An estimate of the total public FOR FURTHER INFORMATION CONTACT: burden (in hours) associated with the environmental consequences of five action alternatives and the No Action Richard A. Cohn, or Issac J. Gaston, collection: There are an estimated Federal Bureau of Prisons. 14,587 total burden hours associated Alternative. Natural, cultural, and with this collection (including gathering socioeconomic resource impacts Dated: January 19, 2011. facility-level information, obtaining associated with the implementation of Issac Gaston, parental consent, administrative the proposed action at each of the Site Specialist, Capacity Planning and Site records, and roster processing). proposed alternative locations were Selection Branch. If additional information is required, analyzed to determine how these [FR Doc. 2011–1371 Filed 1–27–11; 8:45 am] contact: Lynn Murray, Department resources may be affected by contracting BILLING CODE P Clearance Officer, United States for an existing correctional facility to Department of Justice, Justice house BOP inmates. Management Division, Policy and The alternatives considered for this DEPARTMENT OF LABOR Planning Staff, Two Constitution proposed action include: Lee Square, 145 N Street, NE., Suite 2E–502, Adjustment Center, Beattyville, Office of the Secretary Washington, DC 20530. Kentucky; Limestone County Detention Agency Information Collection Dated: January 25, 2011. Center, Groesbeck, Texas; Jackson Parish Correctional Center, Jonesboro, Activities; Submission for OMB Lynn Murray, Louisiana; Pine Prairie Correctional Review; Comment Request; Department Clearance Officer, PRA, United Center, Pine Prairie, Louisiana; or the Information Collections Pertaining to States Department of Justice. Jack Harwell Detention Facility, Waco, Special Employment Under the Fair [FR Doc. 2011–1959 Filed 1–27–11; 8:45 am] Texas. Inmates housed in these facilities Labor Standards Act BILLING CODE 4410–18–P would be aliens from any number of ACTION: Notice. countries who have committed crimes within the U.S. and are being held for DEPARTMENT OF JUSTICE SUMMARY: The Department of Labor trial, or who have been convicted and (DOL) hereby announces the submission Federal Bureau of Prisons sentenced to serve time within the of the Wage and Hour Division (WHD) Federal prison system. Upon sponsored information collection Notice of Availability of the completion of their sentences, these request (ICR) titled, ‘‘Information Environmental Assessment for New inmates would be deported to their Collections Pertaining to Special Low Security Beds country of origin. Employment Under the Fair Labor Request for Comments: The BOP Standards Act,’’ to the Office of AGENCY: U.S. Department of Justice, invites your participation and is Management and Budget (OMB) for Federal Bureau of Prisons. soliciting comments on the EA. The EA review and approval for use, as revised, ACTION: Public comment on will be the subject of a 30-day comment in accordance with the Paperwork environmental assessment. period which begins January 28 and Reduction Act of 1995 (Pub. L. 104–13, SUMMARY: The U.S. Department of ends February 28, 2011. Comments 44 U.S.C. chapter 35). Justice, Federal Bureau of Prisons (BOP) concerning the EA and the proposed DATES: Submit comments on or before announces the availability of the action must be received during this time February 28, 2011. Environmental Assessment (EA) to be assured consideration. All written ADDRESSES: A copy of this ICR, with prepared for the proposed contract to comments received during this review applicable supporting documentation; secure additional inmate bed space for period will be taken into consideration including a description of the likely the BOP’s growing inmate population. by the BOP. Copies of the EA are respondents, proposed frequency of As part of an initiative (known as the available for public viewing at: response, and estimated total burden Criminal Alien Requirement), the BOP • County of Lee Public Library, 123 may be obtained from the RegInfo.gov has identified a specific requirement to Center Street, Beattyville, KY. Web site, http://www.reginfo.gov/

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public/do/PRAMain or by contacting For additional information, see the DEPARTMENT OF LABOR Michel Smyth by telephone at 202–693– related notice published in the Federal 4129 (this is not a toll-free number) or Register on June 2, 2010 (75 FR 30861). Office of the Secretary sending an e-mail to _ _ Interested parties are encouraged to Agency Information Collection DOL PRA [email protected]. send comments to the OMB, Office of Submit comments about this request Activities; Submission for OMB Information and Regulatory Affairs at to the Office of Information and Review; Comment Request; National the address shown in the ADDRESSES Regulatory Affairs, Attn: OMB Desk Compensation Survey section within 30 days of publication of Officer for the Department of Labor, this notice in the Federal Register. In Wage and Hour Division (WHD), Office ACTION: Notice. order to ensure appropriate of Management and Budget, Room consideration, comments should SUMMARY: The Department of Labor 10235, Washington, DC 20503, reference ICR Reference Number (DOL) hereby announces the submission Telephone: 202–395–6929/Fax: 202– 201004–1235–003. The OMB is of the Bureau of Labor Statistics (BLS) 395–6881 (these are not toll-free particularly interested in comments sponsored information collection numbers), e-mail: _ that: request (ICR) titled, ‘‘National OIRA [email protected]. Compensation Survey,’’ as proposed to • Evaluate whether the proposed FOR FURTHER INFORMATION CONTACT: be revised, to the Office of Management collection of information is necessary Contact Michel Smyth by telephone at and Budget (OMB) for review and for the proper performance of the 202–693–4129 (this is not a toll-free approval for use in accordance with the functions of the agency, including number) or by e-mail at Paperwork Reduction Act of 1995 (Pub. whether the information will have [email protected]. L. 104–13, 44 U.S.C. chapter 35). practical utility; SUPPLEMENTARY INFORMATION: This • DATES: Submit comments on or before information collection pertains to the Evaluate the accuracy of the February 28, 2011. Fair Labor Standards Act (FLSA), 29 agency’s estimate of the burden of the proposed collection of information, ADDRESSES: A copy of this ICR, with U.S.C. 201, et seq., special employment applicable supporting documentation; provisions. These provisions relate to including the validity of the methodology and assumptions used; including a description of the likely restrictions on industrial homework and respondents, proposed frequency of • to the use of special certificates that Enhance the quality, utility, and response, and estimated total burden allow for the employment of categories clarity of the information to be may be obtained from the RegInfo.gov of workers who may be paid less than collected; and Web site, http://www.reginfo.gov/ the statutory minimum wage to the • Minimize the burden of the public/do/PRAMain or by contacting extent necessary to prevent curtailment collection of information on those who Michel Smyth by telephone at 202–693– of their employment opportunities. The are to respond, including through the 4129 (this is not a toll-free number) or DOL, in order to better manage its use of appropriate automated, sending an e-mail to information collections, proposes to electronic, mechanical, or other [email protected]. merge a number of related information technological collection techniques or Submit comments about this request collections cleared under various OMB other forms of information technology, to the Office of Information and Control Numbers into a single e.g., permitting electronic submission of Regulatory Affairs, Attn: OMB Desk collection. Control Number 1235–0001 responses. Officer for the Department of Labor, will be the survivor. Bureau of Labor Statistics, Office of This information collection is subject Agency: Wage and Hour Division (WHD). Management and Budget, Room 10235, to the PRA. A Federal agency generally Washington, DC 20503, Telephone: cannot conduct or sponsor a collection Title of Collection: Information 202–395–6929/Fax: 202–395–6881 of information, and the public is Collections Pertaining to Special (these are not toll-free numbers), e-mail: generally not required to respond to an Employment Under the Fair Labor [email protected]. information collection, unless it is Standards Act. currently approved by the OMB under FOR FURTHER INFORMATION: Contact OMB Control Number: 1235–0001 (as Michel Smyth by telephone at 202–693– the PRA and displays a currently valid merged with 1235–0019, 1235–0020, OMB Control Number. In addition, 4129 (this is not a toll-free number) or 1235–0022). by e-mail at notwithstanding any other provisions of _ _ law, no person shall generally be subject Affected Public: Private sector— DOL PRA [email protected]. to penalty for failing to comply with a businesses or other for-profits and not- SUPPLEMENTARY INFORMATION: Under the collection of information if the for-profit institutions. National Compensation Survey (NCS), collection of information does not Total Estimated Number of the BLS conducts ongoing surveys of display a currently valid OMB control Respondents: 307,610 compensation (earnings and benefits) number. See 5 CFR 1320.5(a) and Total Estimated Number of and job characteristics. The NCS 1320.6. The DOL currently has obtained Responses: 1,225,725. produces data on local, regional, and OMB approval for these information national levels by sampling collections under OMB Control Total Estimated Annual Burden establishments various localities in all Numbers 1235–0001, 1235–0019, 1235– Hours: 626,984. 50 states and the District of Columbia. 0020, and 1235–0022. The current OMB Total Estimated Annual Costs Burden: The NCS samples 152 areas, of which approval for one Control Number $2,587. 117 are metropolitan areas. Data from affected by this request, 1235–0020, is Dated: January 24, 2011. the 48 contiguous States is used to scheduled to expire on January 31, provide data to the President’s Pay 2011; however, it should be noted that Michel Smyth, Agent to meet the BLS obligation under information collections submitted to the Departmental Clearance Officer. the Federal Employees Pay OMB receive a month-to-month [FR Doc. 2011–1943 Filed 1–27–11; 8:45 am] Comparability Act. NCS data also extension while they undergo review. BILLING CODE 4510–27–P produces the Employment Cost Index,

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which is designated a principal Federal OMB Control Number: 1220–0164. FOR FURTHER INFORMATION: Contact Economic Indicator under OMB Affected Public: Private sector— Michel Smyth by telephone at 202–693– Statistical Policy Directive No. 3. businesses and other for profits and not 4129 (this is not a toll-free number) or This information collection is subject for profit institutions; State, local, and by e-mail at to the PRA. A Federal agency generally tribal governments. [email protected]. cannot conduct or sponsor a collection Total Estimated Number of of information, and the public is Respondents: 14,433. SUPPLEMENTARY INFORMATION: The generally not required to respond to an Total Estimated Number of OSHA uses the Grantee Quarterly information collection, unless it is Responses: 46,201. Progress Report, Form OSHA–171, to currently approved by the OMB under Total Estimated Annual Burden collect information concerning activities the PRA and displays a currently valid Hours: 37,120. conducted during the quarter by OMB Control Number. In addition, Total Estimated Annual Costs Burden: grantees under OSHA’s Susan Harwood notwithstanding any other provisions of $0. training grants. This information is used law, no person shall generally be subject to monitor progress to determine if the to penalty for failing to comply with a Dated: January 24, 2011. organization is using Federal grant collection of information if the Michel Smyth, funds as specified in its grant collection of information does not Departmental Clearance Officer. application. display a currently valid OMB control [FR Doc. 2011–1843 Filed 1–27–11; 8:45 am] This information collection is subject number. See 5 CFR 1320.5(a) and BILLING CODE 4510–24–P to the PRA. A Federal agency generally 1320.6. The DOL obtains OMB approval cannot conduct or sponsor a collection for this information collection under of information, and the public is OMB Control Number 1220–0164. The DEPARTMENT OF LABOR generally not required to respond to an current OMB approval is scheduled to information collection, unless it is expire on January 31, 2011; however, it Office of the Secretary currently approved by the OMB under should be noted that information Agency Information Collection the PRA and displays a currently valid collections submitted to the OMB Activities; Submission for OMB OMB Control Number. In addition, receive a month-to-month extension Review; Comment Request; Grantee notwithstanding any other provisions of while they undergo review. For Quarterly Progress Report law, no person shall generally be subject additional information, see the related to penalty for failing to comply with a notice published in the Federal Register ACTION: Notice. collection of information if the on October 4, 2010 (75 FR 61178). collection of information does not Interested parties are encouraged to SUMMARY: The Department of Labor display a currently valid OMB control send comments to the OMB, Office of (DOL) hereby announces the submission number. See 5 CFR 1320.5(a) and Information and Regulatory Affairs at of the Occupational Safety and Health 1320.6. The DOL obtains OMB approval the address shown in the ADDRESSES Administration (OSHA) sponsored for this information collection under section within 30 days of publication of information collection request (ICR) OMB Control Number 1218–0100. The this notice in the Federal Register. In titled, ‘‘Grantee Quarterly Progress current OMB approval is scheduled to order to ensure appropriate Report,’’ to the Office of Management expire on January 31, 2011; however, it consideration, comments should and Budget (OMB) for review and should be noted that information reference OMB Control Number 1220– approval, as revised, for use in collections submitted to the OMB 0164. The OMB is particularly accordance with the Paperwork receive a month-to-month extension interested in comments that: Reduction Act of 1995 (Pub. L. 104–13, while they undergo review. For • Evaluate whether the proposed 44 U.S.C. chapter 35). collection of information is necessary additional information, see the related DATES: Submit comments on or before notice published in the Federal Register for the proper performance of the February 28, 2011. functions of the agency, including on August 24, 2010 (75 FR 52035). whether the information will have ADDRESSES: A copy of this ICR, with Interested parties are encouraged to practical utility; applicable supporting documentation; send comments to the OMB, Office of • Evaluate the accuracy of the including a description of the likely Information and Regulatory Affairs at agency’s estimate of the burden of the respondents, proposed frequency of the address shown in the ADDRESSES proposed collection of information, response, and estimated total burden section within 30 days of publication of including the validity of the may be obtained from the RegInfo.gov this notice in the Federal Register. In methodology and assumptions used; Web site, http://www.reginfo.gov/ order to ensure appropriate • Enhance the quality, utility, and public/do/PRAMain or by contacting consideration, comments should clarity of the information to be Michel Smyth by telephone at 202–693– reference OMB Control Number 1218– collected; and 4129 (this is not a toll-free number) or 0100. The OMB is particularly • Minimize the burden of the sending an e-mail to interested in comments that: collection of information on those who [email protected]. • Evaluate whether the proposed are to respond, including through the Submit comments about this request collection of information is necessary use of appropriate automated, to the Office of Information and for the proper performance of the electronic, mechanical, or other Regulatory Affairs, Attn: OMB Desk functions of the agency, including technological collection techniques or Officer for the Department of Labor, whether the information will have other forms of information technology, Occupational Safety and Health practical utility; e.g., permitting electronic submission of Administration (OSHA), Office of responses. Management and Budget, Room 10235, • Evaluate the accuracy of the Agency: Bureau of Labor Statistics Washington, DC 20503, Telephone: agency’s estimate of the burden of the (BLS). 202–395–4816/Fax: 202–395–6881 proposed collection of information, Title of Collection: National (these are not toll-free numbers), e-mail: including the validity of the Compensation Survey. [email protected]. methodology and assumptions used;

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• Enhance the quality, utility, and sending an e-mail to whether the information will have clarity of the information to be [email protected]. practical utility; collected; and Submit comments about this request • Evaluate the accuracy of the • Minimize the burden of the to the Office of Information and agency’s estimate of the burden of the collection of information on those who Regulatory Affairs, Attn: OMB Desk proposed collection of information, are to respond, including through the Officer for the Department of Labor, including the validity of the use of appropriate automated, Wage Hour Division (WHD), Office of methodology and assumptions used; electronic, mechanical, or other Management and Budget, Room 10235, • Enhance the quality, utility, and technological collection techniques or Washington, DC 20503, Telephone: clarity of the information to be other forms of information technology, 202–395–6929/Fax: 202–395–6881 collected; and • e.g., permitting electronic submission of (these are not toll-free numbers), e-mail: Minimize the burden of the responses. [email protected]. collection of information on those who are to respond, including through the Agency: Occupational Safety and FOR FURTHER INFORMATION: Contact Health Administration (OSHA). use of appropriate automated, Michel Smyth by telephone at 202–693– electronic, mechanical, or other Title of Collection: Grantee Quarterly 4129 (this is not a toll-free number) or Progress Report. technological collection techniques or by e-mail at other forms of information technology, OMB Control Number: 1218–0100. [email protected]. Affected Public: Private sector—not- e.g., permitting electronic submission of for-profit institutions. SUPPLEMENTARY INFORMATION: Form responses. Total Estimated Number of WD–10 is used by the DOL to elicit Agency: Wage Hour Division (WHD). Respondents: 103. construction project data from Title of Collection: Report of Total Estimated Number of contractor associations, contractors and Construction Contractor’s Wage Rates. Responses: 412. unions. The wage data determines OMB Control Number: 1235–0015. Total Estimated Annual Burden locally prevailing wages under the Affected Public: Private sector— Hours: 4944. Davis-Bacon and Related Acts. businesses or other for-profits. Total Estimated Number of Total Estimated Annual Costs Burden: This information collection is subject Respondents: 22,000. $0. to the PRA. A Federal agency generally Total Estimated Number of Dated: January 25, 2011. cannot conduct or sponsor a collection of information, and the public is Responses: 66,000. Michel Smyth, Total Estimated Annual Burden generally not required to respond to an Hours: 22,000. Departmental Clearance Officer. information collection, unless it is Total Estimated Annual Costs Burden: [FR Doc. 2011–1893 Filed 1–27–11; 8:45 am] currently approved by the OMB under $0. BILLING CODE 4510–26–P the PRA and displays a currently valid OMB Control Number. In addition, Dated: January 24, 2011. notwithstanding any other provisions of Michel Smyth, DEPARTMENT OF LABOR law, no person shall generally be subject Departmental Clearance Officer. Office of the Secretary to penalty for failing to comply with a [FR Doc. 2011–1855 Filed 1–27–11; 8:45 am] collection of information if the BILLING CODE 4510–27–P Agency Information Collection collection of information does not Activities; Submission for OMB display a currently valid OMB control Review; Comment Request; Report of number. See 5 CFR 1320.5(a) and DEPARTMENT OF LABOR Construction Contractor’s Wage Rates 1320.6. The DOL obtains OMB approval for this information collection under Employment and Training ACTION: Notice. OMB Control Number 1235–0015. The Administration current OMB approval is scheduled to SUMMARY: The Department of Labor expire on January 11, 2011; however, it Comment Request for Information (DOL) hereby announces the submission should be noted that information Collection for Internal Fraud and of the Wage Hour Division (WHD) collections submitted to the OMB Overpayment Detection and Recovery sponsored information collection receive a month-to-month extension Activities (OMB Control No. 1205– request (ICR) titled, ‘‘Report of while they undergo review. For 0187): Extension With Revisions Construction Contractor’s Wage Rates,’’ additional information, see the related AGENCY: Employment and Training to the Office of Management and Budget notice published in the Federal Register (OMB) for review and approval for Administration (ETA), Department of on June 25, 2010 (75 FR 36444). Labor. continued use in accordance with the Interested parties are encouraged to ACTION: Notice. Paperwork Reduction Act of 1995 (Pub. send comments to the OMB, Office of L. 104–13, 44 U.S.C. chapter 35). Information and Regulatory Affairs at SUMMARY: The Department of Labor, as DATES: Submit comments on or before the address shown in the ADDRESSES part of its continuing effort to reduce February 28, 2011. section within 30 days of publication of paperwork and respondent burden, ADDRESSES: A copy of this ICR, with this notice in the Federal Register. In conducts a preclearance consultation applicable supporting documentation; order to ensure appropriate program to provide the general public including a description of the likely consideration, comments should and federal agencies with an respondents, proposed frequency of reference OMB Control Number 1235– opportunity to comment on proposed response, and estimated total burden 0015. The OMB is particularly and/or continuing collections of may be obtained from the RegInfo.gov interested in comments that: information in accordance with the Web site, http://www.reginfo.gov/ • Evaluate whether the proposed Paperwork Reduction Act of 1995 public/do/PRAMain or by contacting collection of information is necessary (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Michel Smyth by telephone at 202–693– for the proper performance of the program helps to ensure that requested 4129 (this is not a toll-free number) or functions of the agency, including data can be provided in the desired

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format, reporting burden (time and overpayments were detected, the collection request; they will also financial resources) is minimized, amounts and methods by which become a matter of public record. collection instruments are clearly overpayments were collected, the Dated: January 24, 2011. understood, and the impact of collection amounts of overpayments waived and Jane Oates, requirements on respondents can be written off, the accounts receivable for Assistant Secretary, Employment and properly assessed. Currently, the overpayments outstanding, and data on Training Administration. Employment and Training criminal/civil actions. Administration is soliciting comments These data are gathered by 53 State [FR Doc. 2011–1850 Filed 1–27–11; 8:45 am] concerning the Office of Unemployment Workforce Agencies (SWAs) and BILLING CODE 4510–FW–P Insurance’s collection of data on a reported to the Department of Labor revised form ETA 9000 that provides following the end of each calendar information about Internal Fraud and quarter. The overall effectiveness of LIBRARY OF CONGRESS Overpayment Detection and Recovery SWAs’ UI integrity efforts can be Copyright Office Activities, the approval for which determined by examining and analyzing currently expires May 31, 2011. the data. These data are also used by [Docket No. 2011–1] A copy of the proposed information SWAs as a management tool for collection request (ICR) can be obtained effective UI program administration. Cable Compulsory License: Specialty by contacting the office listed below in Station List II. Review Focus the addressee section of this notice. AGENCY: Copyright Office, Library of DATES: Written comments must be The Department of Labor is Congress. particularly interested in comments submitted to the office listed in the ACTION: Request for information. addressee’s section below on or before which: • March 29, 2011. Evaluate whether the proposed SUMMARY: The Copyright Office is ADDRESSES: Send comments to Scott collection of information is necessary compiling a new specialty station list to Gibbons, U.S. Department of Labor, for the proper performance of the identify commercial television Employment and Training functions of the agency, including broadcast stations which, according to Administration, Office of whether the information will have their owners, qualified as specialty practical utility; stations under the former distant signal Unemployment Insurance, 200 • Constitution Avenue, NW., Frances Evaluate the accuracy of the carriage rules of the Federal Perkins Bldg. Room S–4231, agency’s estimate of the burden of the Communications Commission (FCC). Washington, DC 20210, telephone proposed collection of information, The list has been periodically updated number (202) 693–3008 (this is not a including the validity of the to reflect an accurate listing of specialty toll-free number) or by e-mail: methodology and assumptions used; stations. The Copyright Office is again • Enhance the quality, utility, and [email protected]. requesting all interested owners of clarity of the information to be television broadcast stations that qualify SUPPLEMENTARY INFORMATION: collected; and • as specialty stations, including those I. Background Minimize the burden of the that previously filed affidavits, to collection of information on those who submit sworn affidavits to the Copyright The ETA 9000 is the only data source are to respond. available on: (1) Instances of internal Office stating that the programming of fraud activities within the III. Current Actions their stations meets the requirements specified under the FCC regulations in Unemployment Insurance (UI) program; Type of Review: Extension with effect on June 24, 1981. and (2) the results of safeguards that revisions. have been implemented to deter and Title: Internal Fraud and DATES: Affidavits should be received on detect instances of internal fraud. It Overpayment Detection and Recovery or before March 29, 2011. categorizes the major areas susceptible Activities. ADDRESSES: If hand delivered by a to internal (employee) fraud and OMB Number: 1205–0187. private party, an original and five copies provides actual and ‘‘estimated’’ Form Number: ETA 227 (name of a comment or reply comment should workload. The information is used to reflects consolidation of cells from ETA be brought to the Library of Congress, review Internal Security (IS) operations 9000 into ETA 227). U.S. Copyright Office, Room 401, James and obtain information on composite Affected Public: State Workforce Madison Building, 101 Independence shifting patterns of nationwide activity Agencies. Ave., SE., Washington, DC 20559, and effectiveness in the area of internal Total Respondents: 53. between 8:30 a.m. and 5 p.m. The fraud identification and prevention. It is Frequency: Quarterly. envelope should be addressed as also used to assess the overall adequacy Total Responses: 4 per year per follows: Office of the General Counsel, of Internal Security procedures in states’ respondent. U.S. Copyright Office. UI programs. Average Estimated Response Time: 15 If delivered by a commercial courier, To streamline UI program reporting in hours. an original and five copies of a comment general, ETA proposes to merge a few Estimated Annual Burden Hours: or reply comment must be delivered to cells from ETA 9000 into ETA 227. The 3180 hours. the Congressional Courier Acceptance reason ETA proposes consolidating Total Burden Cost (capital/startup): Site (‘‘CCAS’’) located at 2nd and D these two information collections is that $0. Streets, NE., Washington, DC between the underlying data collected is similar Total Burden Cost (operating/ 8:30 a.m. and 4 p.m. The envelope and this revision will reduce state maintaining): $0. should be addressed as follows: Office reporting burden. Comments submitted in response to of the General Counsel, U.S. Copyright The ETA 227 contains data on the this comment request will be Office, LM 403, James Madison number of occurrences and amounts of summarized and/or included in the Building, 101 Independence Avenue, fraud and non-fraud overpayments request for Office of Management and SE., Washington, DC 20559. Please note established, the methods by which Budget approval of the information that CCAS will not accept delivery by

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means of overnight delivery services Why would a broadcast station seek Notwithstanding the above, any such as Federal Express, United Parcel specialty station status? affidavit submitted to the Copyright Service or DHL. Specialty station status is significant Office within the 45-day period prior to If sent by mail (including overnight in the administration of the cable publication of this notice need not be delivery using U.S. Postal Service statutory license. 17 U.S.C. 111. A cable resubmitted to the Office. Any affidavit filed during this 45-day period shall be Express Mail), an original and five operator may carry the signal of a considered timely filed for purposes of copies of a comment or reply comment television station classified as a this notice. should be addressed to U.S. Copyright specialty station at the base rate for Office, Copyright GC/I&R, P.O. Box ‘‘permitted’’ signals. See 49 FR 14944 What happens after the affidavits are 70400, Southwest Station, Washington, (April 16, 1984); 37 CFR 256.2(c). filed with the Copyright Office? DC 20024. How does the staff of the Copyright Once the period for filing the FOR FURTHER INFORMATION CONTACT: Ben Office use the list? affidavits closes, the Office will compile Golant, Assistant General Counsel, and Copyright Office licensing examiners and publish in the Federal Register a Tanya M. Sandros, Deputy General refer to the final annotated list in list of the stations identified in the Counsel, Copyright GC/I&R, P.O. Box examining a statement of account in the affidavits. At the same time, it will 70400, Southwest Station, Washington, case where a cable system operator solicit comment from any interested party as to whether or not particular DC 20024. Telephone: (202) 707–8380. claims that a particular station is a stations on the list qualify as specialty Telefax: (202) 707–8366. specialty station. If a cable system operator claims specialty station status stations. Thereafter, a final list of the SUPPLEMENTARY INFORMATION: for a station not on the final list, its specialty stations that includes references to any objections filed to a What is a specialty station? classification as a specialty station will be questioned unless the examiner station’s claim will be published in the The FCC regulations in effect on June determines that the owner of the station Federal Register. In addition, affidavits that, for good 24, 1981, defined a specialty station as has filed an affidavit since publication cause shown, are submitted after the ‘‘a commercial television broadcast of the list. close of the filing period will be station that generally carries foreign- How often has the Copyright Office accepted and kept on file at the language, religious, and/or automated published specialty station lists? Copyright Office. Affidavits received in programming in one-third of the hours this manner will be accepted with the of an average broadcast week and one- The Copyright Office compiled and published its first specialty station list understanding that the owners of those third of the weekly prime-time hours.’’ stations will resubmit affidavits when 47 CFR 76.5(kk) (1981). in 1990, together with an announcement of its intention to update the list the Office next formally updates the How is a station deemed to be a approximately every three years in order specialty station list. Any interested specialty station? 1 to maintain as current a list as possible. party may file an objection to any late- 55 FR 40021 (October 1, 1990). Its filed affidavit. Such objections shall be Under a procedure adopted by the second list was published in 1995. 60 kept on file in the Copyright Office Copyright Office in 1989, see 54 FR FR 34303 (June 30, 1995). Its third list together with the corresponding 38461 (September 18, 1989), an owner was published in 1998. 63 FR 67703 affidavit. or licensee of a broadcast station files a (December 8, 1998). Its fourth list was Dated: January 24, 2011. sworn affidavit attesting that the published in 2007. 72 FR 60029 Maria Pallante, station’s programming comports with (October 23, 2007). With this notice, the Acting Register of Copyrights. the 1981 FCC definition, and hence, Copyright Office is initiating the [FR Doc. 2011–1883 Filed 1–27–11; 8:45 am] qualifies as a specialty station. A list of procedure for the compilation and BILLING CODE 1410–30–P the stations filing affidavits is then publication of the fifth specialty station published in the Federal Register in list. order to allow any interested party to Does this notice require action on the NATIONAL SCIENCE FOUNDATION file an objection to an owner’s claim of part of an owner of a television specialty station status for the listed broadcast station? Astronomy and Astrophysics Advisory station. Once the period to file Committee #13883; Notice of Meeting objections closes, the Office publishes a Yes. We are requesting that the owner, final list which includes references to or a valid agent of the owner, of any In accordance with the Federal the specific objections filed against a eligible television broadcast station Advisory Committee Act (Pub. L. 92– particular station owner’s claim. In submit an affidavit to the Copyright 463, as amended), the National Science addition, affidavits that are submitted Office stating that he or she believes that Foundation announces the following the station qualifies as a specialty after the close of the filing period are Astronomy and Astrophysics Advisory station under 47 CFR 76.5(kk) (1981), accepted and kept on file at the Committee (#13883) meeting: the FCC’s former rule defining Copyright Office. Date and Time: February 22–23, 2011, 9 ‘‘specialty station.’’ The affidavit must be a.m.–5 p.m. Teleconference. The staff of the Copyright Office, certified by the owner or an official Place: National Science Foundation, Room however, does not verify the specialty representing the owner. 1235, Stafford I Building, 4201 Wilson Blvd., station status of any station listed in an Affidavits are due within 60 days of Arlington, VA, 22230. affidavit. the publication of this notice in the Type of Meeting: Open. Federal Register. There is no specific Contact Person: Dr. James S. Ulvestad, Division Director, Division of Astronomical 1 Originally, the FCC identified whether a station format for the affidavit; however, the Sciences, Suite 1045, National Science qualified as a specialty station, but after it deleted affidavit must confirm that the station its distant signal carriage rules, it discontinued this Foundation, 4201 Wilson Blvd., Arlington, practice. See Malrite T.V. of New York v. FCC, 652 owner believes that the station qualifies VA 22230. Telephone: 703–292–8820. F2d 1140 (2d Cir. 1981), cert. denied, 454 U.S. 1143 as a specialty station under the 1981 Purpose of Meeting: To provide advice and (1982). FCC rule. recommendations to the National Science

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Foundation (NSF), the National Aeronautics which should be mentioned in all persons that the NRC will not edit their and Space Administration (NASA) and the related correspondence. DG–7007 is comments to remove any identifying or U.S. Department of Energy (DOE) on issues proposed Revision 1 of Regulatory contact information, and therefore, they within the field of astronomy and Guide 7.7, dated August 1977. should not include any information in astrophysics that are of mutual interest and This guide describes an approach that their comments that they do not want concern to the agencies. Agenda: To hear presentations of current the staff of the NRC considers publicly disclosed. programming by representatives from NSF, acceptable for meeting the Federal rulemaking Web site: Go to NASA, DOE and other agencies relevant to administrative requirements in Title 10, http://www.regulations.gov and search astronomy and astrophysics; to discuss of the Code of Federal Regulations, Part for documents filed under Docket ID current and potential areas of cooperation 71, ‘‘Packaging and Transportation of NRC–2011–0025. Address questions between the agencies; to formulate Radioactive Material’’ (10 CFR Part 71). about NRC dockets to Carol Gallagher, recommendations for continued and new The regulations in 10 CFR Part 71 apply 301–492–3668; e-mail: areas of cooperation and mechanisms for to NRC licensees that package, [email protected]. achieving them. transport, or receive licensed material. Mail comments to: Cindy Bladey, Dated: January 25, 2011. The initial version of Regulatory Chief, Rules, Announcements, and Susanne E. Bolton, Guide 7.7 endorsed the guidance in the Directives Branch (RADB), Office of Committee Management Officer. American National Standards Institute Administration, Mail Stop: TWB–05– (ANSI) Standard N14.10.3–1975, B01M, U.S. Nuclear Regulatory [FR Doc. 2011–1881 Filed 1–27–11; 8:45 am] ‘‘Administrative Guide for Verifying Commission, Washington, DC 20555– BILLING CODE 7555–01–P Compliance with Packaging 0001, or by fax to RADB at 301–492– Requirements for Shipments of 3446. Radioactive Materials,’’ as an acceptable You can access publicly available NUCLEAR REGULATORY process for complying with the documents related to this notice using COMMISSION requirements of 10 CFR 71.5, the following methods: [NRC–2011–0025] ‘‘Transportation of Licensed Material.’’ NRC’s Public Document Room (PDR): The ANSI standard was withdrawn The public may examine and copy for Draft Regulatory Guide: Issuance, without replacement; hence, this a fee publicly available documents at Availability proposed revision to Regulatory Guide the NRC’s PDR, Room O1–F21, One 7.7 contains guidance on the White Flint North, 11555 Rockville AGENCY: Nuclear Regulatory administrative requirements for Pike, Rockville, Maryland 20852–2738. Commission. planning, packaging, transporting, NRC’s Agencywide Documents Access ACTION: Notice of Issuance and receiving, reporting, and record keeping and Management System (ADAMS): Availability of Draft Regulatory Guide, for shipments of radioactive materials. Publicly available documents created or DG–7007, ‘‘Administrative Guide for The staff developed and published this received at the NRC are available Verifying Compliance with Packaging guidance to provide licensees with an electronically at the NRC’s Electronic Requirements for Shipment and Receipt acceptable method to satisfy the Reading Room at http://www.nrc.gov/ of Radioactive Material.’’ administrative requirements in 10 CFR reading-rm/adams.html. From this page, part 71. the public can gain entry into ADAMS, FOR FURTHER INFORMATION CONTACT: which provides text and image files of II. Further Information Bernard White, Office of Nuclear NRC’s public documents. If you do not Material Safety and Safeguards, Division The NRC staff is soliciting comments have access to ADAMS or if there are of Spent Fuel Storage and on DG–7007. Comments may be problems in accessing the documents Transportation, U.S. Nuclear Regulatory accompanied by relevant information or located in ADAMS, contact the NRC’s Commission, Washington, DC 20555– supporting data and should mention PDR reference staff at 1–800–397–4209, 0001, telephone: 1–301–492–3303 or e- DG–7007 in the subject line. Comments 301–415–4737, or by e-mail to mail: [email protected]. submitted in writing or in electronic [email protected]. The Regulatory SUPPLEMENTARY INFORMATION: form will be made available to the Analysis is available electronically public in their entirety through the under ADAMS Accession Number I. Introduction NRC’s Agencywide Documents Access ML101390333. The U.S. Nuclear Regulatory and Management System (ADAMS). Comments would be most helpful if Commission (NRC) is issuing for public ADDRESSES: You may submit comments received by March 30, 2011. Comments comment a draft guide in the agency’s by any one of the following methods. received after that date will be ‘‘Regulatory Guide’’ series. This series Please include Docket ID NRC–2011– considered if it is practical to do so, but was developed to describe and make 0025 in the subject line of your the NRC is able to ensure consideration available to the public information such comments. Comments submitted in only for comments received on or before as methods that are acceptable to the writing or in electronic form will be this date. Although a time limit is given, NRC staff for implementing specific posted on the NRC Web site and on the comments and suggestions in parts of the NRC’s regulations, Federal rulemaking website connection with items for inclusion in techniques that the staff uses in Regulations.gov. Because your guides currently being developed or evaluating specific problems or comments will not be edited to remove improvements in all published guides postulated accidents, and data that the any identifying or contact information, are encouraged at any time. staff needs in its review of applications the NRC cautions you against including Electronic copies of DG–7007 are for permits and licenses. any information in your submission that available through the NRC’s public Web The draft regulatory guide (DG), you do not want to be publicly site under Draft Regulatory Guides in entitled ‘‘Administrative Guide for disclosed. the ‘‘Regulatory Guides’’ collection of Verifying Compliance with Packaging The NRC requests that any party the NRC’s Electronic Reading Room at Requirements for Shipment and Receipt soliciting or aggregating comments http://www.nrc.gov/reading-rm/doc- of Radioactive Material,’’ is temporarily received from other persons for collections/. Electronic copies are also identified by its task number, DG–7007, submission to the NRC inform those available in ADAMS (http://

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www.nrc.gov/reading-rm/adams.html), Nichols Ranch Unit would be developed e-mail [email protected]. under Accession No. ML101040727. for ISR operations. Under the No-Action Information and documents associated Regulatory guides are not alternative, NRC would deny Uranerz’s with the final SEIS are also available for copyrighted, and Commission approval request to construct, operate, conduct inspection at the NRC’s PDR, NRC’s is not required to reproduce them. aquifer restoration, and decommission Headquarters Building, 11555 Rockville Dated at Rockville, Maryland, this 21st day an ISR facility at Nichols Ranch. Pike (first floor), Rockville, Maryland of January, 2011. Alternatives that were considered, but 20852–2738. For those without access to For the Nuclear Regulatory Commission. were eliminated from detailed analysis, the Internet, paper copies of any include conventional mining and electronic documents may be obtained Edward O’Donnell, conventional milling or heap leach for a fee by contacting the NRC’s PDR Acting Chief, Regulatory Guide Development processing. However, given the at 1–800–397–4209. The final SEIS and Branch, Division of Engineering, Office of substantial environmental impact from related documents may also be found at Nuclear Regulatory Research. implementing of these alternatives, they the following public libraries: [FR Doc. 2011–1909 Filed 1–27–11; 8:45 am] were not further considered. The NRC Campbell County Public Library, 2101 BILLING CODE 7590–01–P staff also evaluated alternative South 4J Road, Gillette, Wyoming lixiviants, alternative wastewater 82718, 307–687–0009. disposal options, and an alternative Johnson County Library, 171 North NUCLEAR REGULATORY where only the Hank Unit would be COMMISSION Adams Avenue, Buffalo, Wyoming developed ISR operations. For reasons 82834, 307–684–5546. [NRC–2008–0339] discussed in the SEIS, these alternatives FOR FURTHER INFORMATION CONTACT: Ms. were also eliminated from detailed Patricia Swain, Project Manager, Notice of Availability of Final analysis. Environmental Review Branch-B, Supplemental Environmental Impact As discussed in Section 2.3 of the Division of Waste Management and Statement for the Nichols Ranch In- final SEIS, unless safety issues mandate Environmental Protection (DWMEP), situ Recovery Project in Campbell and otherwise, the NRC staff’s Office of Federal and State Materials Johnson Counties, WY; Supplement to recommendation to the Commission and Environmental Management the Generic Environmental Impact related to the environmental aspects of Programs (FSME), Mail Stop T–8F5, Statement for In-situ Leach Uranium the proposed action is that the source U.S. Nuclear Regulatory Commission, Milling Facilities material license be issued as requested. Washington, DC 20555–0001. This recommendation is based upon: (1) Telephone: 1 (800) 368–5642, extension AGENCY: Nuclear Regulatory The license application, including the 5405; E-mail: [email protected]. Commission. environmental and technical report ACTION: Notice of availability. submitted by Uranerz and the For general or technical information applicant’s supplemental letters and associated with the safety and licensing SUMMARY: Notice is hereby given that responses to the NRC staff’s requests for of uranium milling facilities, please the U.S. Nuclear Regulatory additional information; (2) consultation contact Stephen Cohen, Team Lead, Commission (NRC) has published a final with Federal, State, Tribal, and local Uranium Recovery Licensing Branch, Supplemental Environmental Impact agencies; (3) the NRC staff’s DWMEP, FSME, Mail Stop T–8F5, U.S. Statement (SEIS) to the Generic independent review; (4) the NRC staff’s Nuclear Regulatory Commission, Environmental Impact Statement (GEIS), consideration of comments received on Washington, DC 20555–0001. for In-situ Leach Uranium Milling the draft SEIS; and (5) the assessments Telephone: 1 (800) 368–5642, extension Facilities (NUREG–1910, Supplement 2) summarized in this SEIS. 7182; E-mail: [email protected]. for the Nichols Ranch In-situ Recovery The final SEIS for the Nichols Ranch Dated at Rockville, Maryland, this 20th day Project in Campbell and Johnson ISR Project may be accessed on the of January, 2011. Counties, Wyoming. By letter dated Internet at http://www.nrc.gov/reading- For the Nuclear Regulatory Commission. November 30, 2007, Uranerz Energy rm/doc-collections/nuregs/staff/sr1910/ Gregory Suber, Corporation (Uranerz), submitted an s2/. Additionally, the NRC maintains an Acting Deputy Director, Environmental application to the NRC for a new source Agencywide Documents and Protection and Performance Assessment material license for the proposed Management System (ADAMS), which Directorate, Division of Waste Management Nichols Ranch In-situ Uranium provides text and image files of the and Environmental Protection, Office of Recovery Project, located in the NRC’s public documents. The SEIS may Federal and State Materials and Pumpkin Buttes Uranium Mining also be accessed through the NRC’s Environmental Management Programs. District within the Powder River Basin. Public Electronic Reading Room on the [FR Doc. 2011–1813 Filed 1–27–11; 8:45 am] Uranerz is proposing to recover uranium Internet at: http://www.nrc.gov/reading- BILLING CODE 7590–01–P from the site using an in-situ leach (also rm/adams.html. The final known as an in-situ recovery [ISR]) ‘‘Environmental Impact Statement for process. In this final SEIS, the NRC staff the Nichols Ranch ISR Project in NUCLEAR REGULATORY assessed the environmental impacts Campbell and Johnson Counties, COMMISSION from the construction, operation, aquifer Wyoming—Supplement to the Generic [Docket No. 50–302; NRC–2011–0024] restoration, and decommissioning of the Environmental Impact Statement for In- proposed Nichols Ranch ISR Project. situ Leach Uranium Milling Facilities’’ Florida Power Corporation, Crystal The proposed Nichols Ranch ISR Project is available electronically under River Unit 3 Nuclear Generating Plant; is comprised of two noncontiguous ADAMS Accession Number Exemption units, the Nichols Ranch Unit and the ML104330120. If you do not have access Hank Unit. to ADAMS or if there is a problem 1.0 Background In addition to the proposed action, the accessing documents located in Florida Power Corporation (the NRC staff assessed two alternatives in ADAMS, contact the NRC Public licensee) is the holder of Facility the final SEIS: the No-Action alternative Document Room (PDR) reference staff at Operating License No. DPR–72, which and an alternative where only the 1–800–397–4209, 301–415–4737, or by authorizes operation of the Crystal River

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Unit 3 Nuclear Generating Plant (Crystal result in a violation of the Atomic NRC staff has concluded that allowing River). The license provides, among Energy Act of 1954, as amended, or the operators to focus on startup activities other things, that the facility is subject Commission’s regulations. Therefore, will support safe plant operations to all rules, regulations, and orders of the exemption is authorized by law. during a series of infrequently the U.S. Nuclear Regulatory performed evolutions. Based on the No Endangerment of Life or Property Commission (NRC, the Commission) above, the NRC staff has determined and Otherwise in the Public Interest now or hereafter in effect. that the exemption will not endanger The facility consists of one The underlying purposes of 10 CFR life or property and is otherwise in the pressurized-water reactor located in 55 are to establish procedures and public interest. Citrus County, Florida. criteria for the issuance of licenses to operators, provide for the terms and 4.0 Environmental Consideration 2.0 Request/Action conditions upon which the Commission This exemption authorizes a one-time Title 10 of the Code of Federal will issue or modify these licenses, and exemption from the requirements of 10 Regulations (10 CFR) Part 55, provide for the terms and conditions to CFR 55.59(c)(1) for Crystal River. The ‘‘Operators’ Licenses,’’ Section 55.59, maintain and renew these licenses. NRC staff has determined that this ‘‘Requalification,’’ requires that a Specifically, 10 CFR 55.59 establishes exemption involves no significant facility’s licensed operator the requirements for operator hazards considerations: requalification program be conducted requalification programs and requires a (1) The proposed exemption is for a continuous period not to exceed 2 2-year (24-month) requalification administrative in nature and is limited years (24 months) and upon conclusion schedule to include a biennial to extending the current licensed must be promptly followed, pursuant to comprehensive written examination and operator requalification program period a continuous schedule, by successive annual operating tests. for Crystal River from 24 to 26 months requalification programs. Each 2-year Crystal River is in the final stages of on a one-time only basis. The proposed requalification program must include a an extended outage in which significant exemption does not make any changes biennial comprehensive written plant modifications have been to the facility or operating procedures examination and annual operating tests. completed. Crystal River has requested and does not alter the design, function By letter dated December 2, 2010, as a 2-month extension to the requirements or operation of any plant equipment. superseded by letter dated December 13, of 10 CFR 55.59 due to the reasonable Therefore, issuance of this exemption 2010, the licensee requested a one-time probability of activities associated with does not increase the probability or exemption under 10 CFR 55.11 from the plant startup overlapping the biennial consequences of an accident previously schedule requirements of 10 CFR 55.59. comprehensive written examination and evaluated. Specifically for Crystal River, the annual operating examination period. (2) The proposed exemption is licensee has requested a one-time Although the 24-month schedule administrative in nature and is limited extension from February 28, 2011, to requirement of 10 CFR 55.59 at Crystal to extending the current licensed April 30, 2011, for completing the River would be exceeded, Crystal River operator requalification program period current licensed operator requalification has trained the licensed operators on the for Crystal River from 24 to 26 months program. The next requalification plant modifications completed during on a one-time only basis. The proposed program period would begin May 1, the outage and examined operators on exemption does not make any changes 2011, and continue for 24 months to the modified plant configuration with to the facility or operating procedures April 30, 2013, with successive periods positive results. During both the and would not create any new accident running for 24 months. This requested originally scheduled and extended initiators. The proposed exemption does exemption would allow an extension of periods of the outage, Crystal River has not alter the design, function or 2 months beyond the 24-month continued the requalification training operation of any plant equipment. requalification program schedule cycle in accordance with the Institute of Therefore, this exemption does not required by 10 CFR 55.59. Nuclear Power Operations (INPO) create the possibility of a new or accredited training program. All Crystal different kind of accident from any 3.0 Discussion River licensed operators are actively accident previously evaluated. Pursuant to 10 CFR 55.11, the enrolled in the accredited training (3) The proposed exemption is Commission may, upon application by program. administrative in nature and is limited an interested person, or upon its own Moving the end of the requalification to extending the current licensed initiative, grant exemptions from the program, including the biennial operator requalification program period requirements of 10 CFR Part 55 when comprehensive written examination and for Crystal River from 24 to 26 months the exemptions are authorized by law annual operating test, to April 30, 2011, on a one-time only basis. The proposed and will not endanger life or property would: (1) Allow operators to focus on exemption does not alter the design, and are otherwise in the public interest. preparing for and performing activities function or operation of any plant associated with plant startup after an equipment. Therefore, this exemption Authorized by Law extended maintenance period with does not involve a significant reduction The exemption being requested for significant plant modifications; (2) in the margin of safety. Crystal River would alleviate potential maximize the number of licensed Based on the above, the NRC staff scheduling difficulties associated with operators available to perform licensed concludes that the proposed exemption administering requalification duties during startup; and (3) assist in does not involve a significant hazards examinations and completing the managing operator fatigue during consideration under the standards set requalification program at the end of an startup activities. forth in 10 CFR 50.92(c), and extended shutdown period. As stated Licensed operator fatigue is of serious accordingly, a finding of ‘‘no significant above, 10 CFR 55.11 allows the NRC to concern to the NRC, and the NRC staff hazards consideration’’ is justified. grant exemptions from the requirements has concluded that this exemption will The NRC staff has also determined of 10 CFR Part 55. The NRC staff has allow the licensee to better manage that the exemption involves no determined that granting of the licensed operator fatigue during a significant increase in the amounts, and licensee’s proposed exemption will not period of high workload. Further, the no significant change in the types, of

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any effluents that may be released NUCLEAR REGULATORY Detailed meeting agendas and meeting offsite; that there is no significant COMMISSION transcripts are available on the NRC increase in individual or cumulative Web site at http://www.nrc.gov/reading- occupational radiation exposure; that Advisory Committee on Reactor rm/doc-collections/acrs. Information there is no significant construction Safeguards (ACRS); Meeting of the regarding topics to be discussed, impact; and there is no significant ACRS Subcommittee on Advanced changes to the agenda, whether the increase in the potential for or Boiling Water Reactor (ABWR); Notice meeting has been canceled or consequences from a radiological of Meeting rescheduled, and the time allotted to present oral statements can be obtained accident. Furthermore, the requirement The ACRS Subcommittee on from the Web site cited above or by from which the licensee will be Advanced Boiling Water Reactor contacting the identified DFO. exempted involves scheduling (ABWR) will hold a meeting on Moreover, in view of the possibility that requirements. Accordingly, the February 8, 2011, 11545 Rockville Pike, the schedule for ACRS meetings may be Rockville, MD T–2B3. exemption meets the eligibility criteria adjusted by the Chairman as necessary The entire meeting will be open to for categorical exclusion set forth in 10 to facilitate the conduct of the meeting, public attendance with the exception of CFR 51.22(c)(25). Pursuant to 10 CFR persons planning to attend should check a portion that may be closed to protect 51.22(b) no environmental impact with these references if such information that is proprietary to South statement or environmental assessment rescheduling would result in a major Texas Project Nuclear Operating need be prepared in connection with the inconvenience. issuance of the exemption. Company (STPNOC) and its contractors, pursuant to 5 U.S.C. 552b(c)(4). Dated: January 24, 2011. 5.0 Conclusion The agenda for the subject meeting Antonio Dias, shall be as follows: Chief, Reactor Safety Branch B, Advisory Accordingly, the Commission has Committee on Reactor Safeguards. Wednesday, February 8, 2011—1 p.m. determined that, pursuant to 10 CFR [FR Doc. 2011–1891 Filed 1–27–11; 8:45 am] until 5 p.m. 55.11, granting an exemption to the BILLING CODE 7590–01–P licensee from the schedule requirements The purpose of the meeting is for the in 10 CFR 55.59, by allowing Crystal Subcommittee to review Chapter 7 of River a one-time extension in the the Safety Evaluation Report (SER) with NUCLEAR REGULATORY allowed time for completing the current no open items associated with the COMMISSION licensed operator requalification Combined License Application (COLA) program, is authorized by law and will for South Texas Project, Units 3 and 4. Advisory Committee on Reactor not endanger life or property and is The Subcommittee will hear Safeguards otherwise in the public interest. presentations by and hold discussions In accordance with the purposes of Therefore, the Commission hereby with representatives of the NRC staff, Sections 29 and 182b of the Atomic grants Florida Power Corporation an STPNOC, and other interested persons. Energy Act (42 U.S.C. 2039, 2232b), the exemption on a one-time only basis The Subcommittee will gather Advisory Committee on Reactor from the schedule requirement of 10 information, analyze relevant issues and Safeguards (ACRS) will hold a meeting CFR 55.59, to allow the completion date facts, and formulate proposed positions on February 10–12, 2011, 11545 for the current licensed operator and actions, as appropriate, for Rockville Pike, Rockville, Maryland. deliberation by the Full Committee. requalification program for the Crystal The date of this meeting was previously Members of the public desiring to published in the Federal Register on River Unit 3 Nuclear Generating Plant to provide oral statements and/or written be extended from February 28, 2011, to Thursday, October 21, 2010 (74 FR comments should notify the Designated 65038–65039). April 30, 2011. The next requalification Federal Official, Maitri Banerjee program period would begin May 1, (Telephone 301–415–6973 or E-mail: Thursday, February 10, 2011, 2011, and continue for 24 months to [email protected]) five days prior Conference Room T2–B1, 11545 April 30, 2013, with successive periods to the meeting, if possible, so that Rockville Pike, Rockville, Maryland running for 24 months. appropriate arrangements can be made. 8:30 a.m.—8:35 a.m.: Opening This exemption is effective upon Thirty-five hard copies of each Remarks by the ACRS Chairman issuance. presentation or handout should be (Open)—The ACRS Chairman will make provided to the Designated Federal Dated at Rockville, Maryland, this 20th day opening remarks regarding the conduct Official 30 minutes before the meeting. of January 2011. of the meeting. In addition, one electronic copy of each 8:35 a.m.—10 a.m.: Final Safety For the Nuclear Regulatory Commission. presentation should be e-mailed to the Evaluation Report Associated with the Joseph G. Giitter, Designated Federal Official 1 day before License Renewal Application for the Director, Division of Operating Reactor meeting. If an electronic copy cannot be Palo Verde Nuclear Generating Station Licensing, Office of Nuclear Reactor provided within this timeframe, (Open)—The Committee will hear Regulation. presenters should provide the presentations by and hold discussions [FR Doc. 2011–1911 Filed 1–27–11; 8:45 am] Designated Federal Official with a CD with representatives of the NRC staff containing each presentation at least 30 BILLING CODE 7590–01–P and Arizona Public Service Company minutes before the meeting. Electronic regarding the final Safety Evaluation recordings will be permitted only Report associated with the License during those portions of the meeting Renewal Application for the Palo Verde that are open to the public. Detailed Nuclear Generating Station. procedures for the conduct of and 10:15 a.m.—12:45 p.m.: Final Safety participation in ACRS meetings were Evaluation Report Associated with the published in the Federal Register on Virgil C. Summer Units 2 and 3 October 21, 2010 (75 FR 65038–65039). Combined License Application (Open/

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Closed)—The Committee will hear NRC staff regarding the Commission ACRS meetings may be adjusted by the presentations by and hold discussions Paper on the use of containment Chairman as necessary to facilitate the with representatives of the NRC staff accident pressure in analyzing conduct of the meeting, persons and South Carolina Electric & Gas emergency core cooling system and planning to attend should check with regarding the final Safety Evaluation containment heat removal system pump the Cognizant ACRS staff if such Report associated with the Virgil C. performance in postulated accidents. rescheduling would result in major Summer Units 2 and 3 Combined 12:45 p.m.—2:15 p.m.: Future ACRS inconvenience. License Application. Note: A portion of Activities/Report of the Planning and Thirty-five hard copies of each this session may be closed in order to Procedures Subcommittee (Open/ presentation or handout should be Closed)—The Committee will discuss protect information designated as provided 30 minutes before the meeting. the recommendations of the Planning proprietary by Westinghouse pursuant In addition, one electronic copy of each and Procedures Subcommittee regarding to 5 U.S.C. 552b (c)(4). presentation should be e-mailed to the 1:30 p.m.—3:15 p.m.: Comparison of items proposed for consideration by the Cognizant ACRS Staff one day before Integrated Safety Analyses (ISAs) for Full Committee during future ACRS meeting. If an electronic copy cannot be Fuel Cycle Facilities and Probabilistic Meetings, and matters related to the provided within this timeframe, Risk Assessments (PRAs) for Reactors conduct of ACRS business, including presenters should provide the Cognizant (Open)—The Committee will hear anticipated workload and member ACRS Staff with a CD containing each presentations by and hold discussions assignments. Note: A portion of this presentation at least 30 minutes before with representatives of the NRC staff meeting may be closed pursuant to 5 the meeting. regarding a comparison of ISAs for fuel U.S.C. 552b (c) (2) and (6) to discuss cycle facilities and PRAs for reactors organizational and personnel matters In accordance with Subsection 10(d) including a critical evaluation of how that relate solely to internal personnel Public Law 92–463, and 5 U.S.C. ISAs differ from PRAs. rules and practices of ACRS, and 552b(c), certain portions of this meeting 3:30 p.m.—6 p.m.: Current State of information the release of which would may be closed, as specifically noted Licensee Efforts to Transition to constitute a clearly unwarranted above. Use of still, motion picture, and National Fire Protection Association invasion of personal privacy. television cameras during the meeting (NFPA)-805 (Open)—The Committee 2:15 p.m.—2:30 p.m.: Reconciliation may be limited to selected portions of will hear presentations by and hold of ACRS Comments and the meeting as determined by the discussions with representatives of the Recommendations (Open)—The Chairman. Electronic recordings will be Industry and the NRC staff regarding the Committee will discuss the responses permitted only during the open portions current state of licensee efforts to from the NRC Executive Director for of the meeting. transition to NFPA–805. Operations to comments and ACRS meeting agenda, meeting 6:15 p.m.—7 p.m.: Preparation of recommendations included in recent transcripts, and letter reports are ACRS Reports (Open)—The Committee ACRS reports and letters. available through the NRC Public will discuss proposed ACRS reports on 2:30 p.m.—7 p.m.: Preparation of Document Room at matters discussed during this meeting. ACRS Reports (Open)—The Committee [email protected], or by calling the will discuss proposed ACRS reports on Friday, February 11, 2011, Conference PDR at 1–800–397–4209, or from the matters discussed during this meeting. Room T2–B1, 11545 Rockville Pike, Publicly Available Records System Rockville, Maryland Saturday, February 12, 2011, (PARS) component of NRC’s document system (ADAMS) which is accessible 8:30 a.m.—8:35 a.m.: Opening Conference Room T2–B1, 11545 from the NRC Web site at http:// Remarks by the ACRS Chairman Rockville Pike, Rockville, Maryland www.nrc.gov/reading-rm/adams.html or (Open)—The ACRS Chairman will make 8:30 a.m.—1 p.m.: Preparation of http://www.nrc.gov/reading-rm/doc- opening remarks regarding the conduct ACRS Reports (Open)—The Committee collections/ACRS/. of the meeting. will continue its discussion of proposed 8:35 a.m.—10 a.m.: Draft Final ACRS reports. Video teleconferencing service is Regulatory Guide (RG) 1.34, ‘‘Control of 1 p.m.—1:30 p.m.: Miscellaneous available for observing open sessions of Electroslag Weld Properties;’’ RG 1.43, (Open)—The Committee will discuss ACRS meetings. Those wishing to use ‘‘Control of Stainless Steel Weld matters related to the conduct of this service for observing ACRS Cladding of Low-Alloy Steel Committee activities and specific issues meetings should contact Mr. Theron Components;’’ RG 1.44, ‘‘Control of the that were not completed during Brown, ACRS Audio Visual Technician Processing and Use of Stainless Steel;’’ previous meetings. (301–415–8066), between 7:30 a.m. and and RG 1.50, ‘‘Control of the Preheat Procedures for the conduct of and 3:45 p.m. (ET), at least 10 days before Temperature for Welding of Low-Alloy participation in ACRS meetings were the meeting to ensure the availability of Steel’’ (Open)—The Committee will hear published in the Federal Register on this service. presentations by and hold discussions October 21, 2010, (75 FR 65038–65039). Individuals or organizations with representatives of the NRC staff In accordance with those procedures, requesting this service will be regarding draft final RGs 1.34, 1.43, oral or written views may be presented responsible for telephone line charges 1.44, 1.50, and the staff’s resolution of by members of the public, including and for providing the equipment and public comments. representatives of the nuclear industry. facilities that they use to establish the 10:15 a.m.—11:45 a.m.: Commission Persons desiring to make oral statements video teleconferencing link. The Paper on the Use of Containment should notify Ms. Ilka Berrios, availability of video teleconferencing Accident Pressure in Analyzing Cognizant ACRS Staff (Telephone: 301– services is not guaranteed. Emergency Core Cooling System and 415–3179, E-mail: [email protected]), Containment Heat Removal System five days before the meeting, if possible, Dated: January 24, 2011. Pump Performance in Postulated so that appropriate arrangements can be Andrew L. Bates, Accidents (Open)—The Committee will made to allow necessary time during the Advisory Committee Management Officer. hear presentations by and hold meeting for such statements. In view of [FR Doc. 2011–1914 Filed 1–27–11; 8:45 am] discussions with representatives of the the possibility that the schedule for BILLING CODE 7590–01–P

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NUCLEAR REGULATORY present oral statements can be obtained Benefit Guaranty Corporation, 1200 K COMMISSION from the Web site cited above or by Street, NW., Washington, DC 20005– contacting the identified DFO. 4026, 202–326–4024. (TTY and TDD Advisory Committee on Reactor Moreover, in view of the possibility that users may call the Federal relay service Safeguards (ACRS); Meeting of the the schedule for ACRS meetings may be toll-free at 1–800–877–8339 and ask to ACRS Subcommittee on Future Plant adjusted by the Chairman as necessary be connected to 202–326–4024.) Designs to facilitate the conduct of the meeting, SUPPLEMENTARY INFORMATION: An agency persons planning to attend should check The ACRS Subcommittee on Future may not conduct or sponsor, and a with these references if such Plant Designs will hold a meeting on person is not required to respond to, a rescheduling would result in a major February 9, 2011, at 11545 Rockville collection of information unless it inconvenience. Pike, Room T–2B1, Rockville, Maryland. displays a currently valid OMB control The entire meeting will be open to Dated: January 24, 2011. number. OMB has approved and issued public attendance. Antonio Dias, control numbers for the collections of The agenda for the subject meeting Chief, Reactor Safety Branch B, Advisory information, described below, in PBGC’s shall be as follows: Committee on Reactor Safeguards. regulations relating to multiemployer Wednesday, February 9, 2011, 8:30 [FR Doc. 2011–1912 Filed 1–27–11; 8:45 am] plans (OMB approvals expire March 31, a.m. until 12 p.m. BILLING CODE 7590–01–P 2011 and April 30, 2011, as specified The purpose of this meeting is for the below). The collections of information Subcommittee to review the staff’s for which PBGC is requesting extension proposed policy paper that addresses PENSION BENEFIT GUARANTY of OMB approval are as follows: the development of a strategy to more CORPORATION 1. Termination of Multiemployer Plans fully integrate risk insights into the (29 CFR Part 4041A) (OMB control review activities of small modular Submission of Information Collection number 1212–0020)(expires April 30, reactor applications. The Subcommittee for OMB Review; Comment Request; 2011) will hear presentations by and hold Multiemployer Plan Regulations discussions with representatives of the Section 4041A(f)(2) of ERISA NRC staff and other interested persons AGENCY: Pension Benefit Guaranty authorizes PBGC to prescribe reporting regarding this matter. The Corporation. requirements for and other ‘‘rules and Subcommittee will gather information, ACTION: Notice of request for extension standards for the administration of’’ analyze relevant issues and facts, and of OMB approval. terminated multiemployer plans. formulate proposed positions and Section 4041A(c) and (f)(1) of ERISA SUMMARY: The Pension Benefit Guaranty actions, as appropriate, for deliberation prohibit the payment by a mass- Corporation (PBGC) is requesting that by the Full Committee. withdrawal-terminated plan of lump Members of the public desiring to the Office of Management and Budget sums greater than $1,750 or of provide oral statements and/or written (OMB) extend approval, under the nonvested plan benefits unless comments should notify the Designated Paperwork Reduction Act, of collections authorized by PBGC. Federal Official (DFO), Maitri Banerjee of information under its regulations on The regulation requires the plan (Telephone 301–415–6973 or E-mail multiemployer plans under the sponsor of a terminated plan to submit [email protected]) five days prior Employee Retirement Income Security a notice of termination to PBGC. It also to the meeting, if possible, so that Act of 1974 (ERISA). This notice requires the plan sponsor of a mass- appropriate arrangements can be made. informs the public of PBGC’s request withdrawal-terminated plan that is Thirty-five hard copies of each and solicits public comment on the closing out to give notices to presentation or handout should be collections of information. participants regarding the election of provided to the DFO thirty minutes DATES: Comments should be submitted alternative forms of benefit distribution before the meeting. In addition, one by February 28, 2011. and, if the plan is not closing out, to electronic copy of each presentation ADDRESSES: Comments should be sent to obtain PBGC approval to pay lump sums should be emailed to the DFO one day the Office of Information and Regulatory greater than $1,750 or to pay nonvested before the meeting. If an electronic copy Affairs, Office of Management and plan benefits. cannot be provided within this Budget, Attention: Desk Officer for PBGC uses the information in a notice timeframe, presenters should provide Pension Benefit Guaranty Corporation, of termination to assess the likelihood the DFO with a CD containing each via electronic mail at that PBGC financial assistance will be presentation at least thirty minutes [email protected] or by fax needed. Plan participants and before the meeting. Electronic to 202–395–6974. A copy of PBGC’s beneficiaries use the information on recordings will be permitted only request may be obtained without charge alternative forms of benefit to make during those portions of the meeting by writing to the Disclosure Division of personal financial decisions. PBGC uses that are open to the public. Detailed the Office of the General Counsel, 1200 the information in an application for procedures for the conduct of and K St., NW., Washington, DC 20005– approval to pay lump sums greater than participation in ACRS meetings were 4026, or by visiting that office or calling $1,750 or to pay nonvested plan benefits published in the Federal Register on 202–326–4040 during normal business to determine whether such payments October 21, 2010, (75 FR 65038–65039). hours. (TTY and TDD users may call the should be permitted. Detailed meeting agendas and meeting Federal relay service toll free at 1–800– PBGC estimates that plan sponsors transcripts are available on the NRC 877–8339 and ask to be connected to each year (1) submit notices of Web site at http://www.nrc.gov/reading- 202–326–4040.) The request is also termination for 10 plans, (2) distribute rm/doc-collections/acrs. Information available at http://www.reginfo.gov. election notices to participants in 5 of regarding topics to be discussed, FOR FURTHER INFORMATION CONTACT: those plans, and (3) submit requests to changes to the agenda, whether the Donald F. McCabe, Attorney, or pay benefits or benefit forms not meeting has been canceled or Catherine B. Klion, Manager, Legislative otherwise permitted for 1 of those plans. rescheduled, and the time allotted to and Regulatory Department, Pension The estimated annual burden of the

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collection of information is 19.2 hours liability, and for plan adoption of collection of information is 250.5 hours and $16,393. alternative abatement rules, where and $350,000. appropriate. 2. Extension of Special Withdrawal 6. Allocating Unfunded Vested Benefits Under the regulation, an employer Liability Rules (29 CFR Part 4203) to Withdrawing Employers (29 CFR applies to a plan for an abatement (OMB control number 1212– Part 4211) (OMB control number 1212– determination, providing information 0023)(expires April 30, 2011) 0035) (expires April 30, 2011) the plan needs to determine whether Sections 4203(f) and 4208(e)(3) of withdrawal liability should be abated, Section 4211(c)(5)(A) of ERISA ERISA allow PBGC to permit a and the plan notifies the employer of its requires PBGC to prescribe how plans multiemployer plan to adopt special determination. The employer may, can, with PBGC approval, change the rules for determining whether a pending plan action, furnish a bond or way they allocate unfunded vested withdrawal from the plan has occurred, escrow instead of making withdrawal benefits to withdrawing employers for subject to PBGC approval. liability payments, and must notify the purposes of calculating withdrawal The regulation specifies the plan if it does so. When the plan then liability. information that a plan that adopts makes its determination, it must so The regulation prescribes the special rules must submit to PBGC notify the bonding or escrow agent. information that must be submitted to PBGC by a plan seeking such approval. about the rules, the plan, and the The regulation also permits plans to PBGC uses the information to determine industry in which the plan operates. adopt their own abatement rules and how the amendment changes the way PBGC uses the information to determine request PBGC approval. PBGC uses the the plan allocates unfunded vested whether the rules are appropriate for the information in such a request to benefits and how it will affect the risk industry in which the plan functions determine whether the amendment of loss to plan participants and PBGC. and do not pose a significant risk to the should be approved. PBGC estimates that 10 plan sponsors insurance system. PBGC estimates that each year, 100 PBGC estimates that at most 1 plan submit approval requests each year employers submit, and 100 plans sponsor submits a request each year under this regulation. The estimated respond to, applications for abatement under this regulation. The estimated annual burden of the collection of of complete withdrawal liability, and 1 annual burden of the collection of information is 20 hours and $0. plan sponsor requests approval of plan information is 1 hour and $5,600. abatement rules from PBGC. The 7. Notice, Collection, and 3. Variances for Sale of Assets (29 CFR estimated annual burden of the Redetermination of Withdrawal Part 4204) (OMB control number 1212– collection of information is 25.5 hours Liability (29 CFR Part 4219) (OMB 0021) (expires April 30, 2011) and $35,000. control number 1212–0034) (expires April 30, 2011) If an employer’s covered operations or 5. Reduction or Waiver of Partial contribution obligation under a plan Withdrawal Liability (29 CFR Part Section 4219(c)(1)(D) of ERISA ceases, the employer must generally pay 4208) (OMB control number 1212–0039) requires that PBGC prescribe regulations withdrawal liability to the plan. Section (expires April 30, 2011) for the allocation of a plan’s total 4204 of ERISA provides an exception, unfunded vested benefits in the event of under certain conditions, where the Section 4208 of ERISA provides for a ‘‘mass withdrawal.’’ ERISA section cessation results from a sale of assets. abatement, in certain circumstances, of 4209(c) deals with an employer’s Among other things, the buyer must an employer’s partial withdrawal liability for de minimis amounts if the furnish a bond or escrow, and the sale liability and authorizes PBGC to issue employer withdraws in a ‘‘substantial contract must provide for secondary additional partial withdrawal liability withdrawal.’’ liability of the seller. abatement rules. The reporting requirements in the The regulation establishes general Under the regulation, an employer regulation give employers notice of a variances (rules for avoiding the bond/ applies to a plan for an abatement mass withdrawal or substantial escrow and sale-contract requirements) determination, providing information withdrawal and advise them of their and authorizes plans to determine the plan needs to determine whether rights and liabilities. They also provide whether the variances apply in withdrawal liability should be abated, notice to PBGC so that it can monitor particular cases. It also allows buyers and the plan notifies the employer of its the plan, and they help PBGC assess the and sellers to request individual determination. The employer may, possible impact of a withdrawal event variances from PBGC. Plans and PBGC pending plan action, furnish a bond or on participants and the multiemployer use the information to determine escrow instead of making withdrawal plan insurance program. whether employers qualify for liability payments, and must notify the PBGC estimates that there are 3 mass variances. plan if it does so. When the plan then withdrawals and 3 substantial PBGC estimates that each year, 11 makes its determination, it must so withdrawals per year. The plan sponsor employers submit, and 11 plans respond notify the bonding or escrow agent. of a plan subject to a withdrawal to, variance requests under the The regulation also permits plans to covered by the regulation provides regulation, and 1 employer submits a adopt their own abatement rules and notices of the withdrawal to PBGC and variance request to PBGC. The estimated request PBGC approval. PBGC uses the to employers covered by the plan, annual burden of the collection of information in such a request to liability assessments to the employers, information is 2.75 hours and $5,513. determine whether the amendment and a certification to PBGC that should be approved. assessments have been made. (For a 4. Reduction or Waiver of Complete PBGC estimates that each year, 1,000 mass withdrawal, there are 2 Withdrawal Liability (29 CFR Part employers submit, and 1,000 plans assessments and 2 certifications that 4207) (OMB control number 1212– respond to, applications for abatement deal with 2 different types of liability. 0044)(expires March 31, 2011) of partial withdrawal liability and 1 For a substantial withdrawal, there is 1 Section 4207 of ERISA allows PBGC plan sponsor requests approval of plan assessment and 1 certification to provide for abatement of an abatement rules from PBGC. The (combined with the withdrawal notice employer’s complete withdrawal estimated annual burden of the to PBGC).) The estimated annual burden

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of the collection of information is 12 4241 determines that the plan may annual updates, and submit requests for hours and $27,300. become insolvent, ERISA section financial assistance, for 54 plans. Of 4245(e) requires the plan sponsor to give those 54 plans, PBGC estimates that 8. Procedures for PBGC Approval of a ‘‘notice of insolvency’’ to PBGC, plan sponsors each year will submit 255 Plan Amendments (29 CFR Part 4220) contributing employers, and plan requests (ranging from monthly to (OMB control number 1212–0031) participants and their unions in annual) for financial assistance. PBGC (expires April 30, 2011) accordance with PBGC rules. estimates that plan sponsors each year Under section 4220 of ERISA, a plan For each insolvency year under give notices of insolvency for 7 plans. may within certain limits adopt special ERISA section 4245(b)(4), ERISA section The estimated annual burden of the plan rules regarding when a withdrawal 4245(e) also requires the plan sponsor to collection of information is 1 hour and from the plan occurs and how the give a ‘‘notice of insolvency benefit $681,500. withdrawing employer’s withdrawal level’’ to the same parties. This regulation establishes the Issued in Washington, DC, this 24th day of liability is determined. Any such special January, 2011. rule is effective only if, within 90 days procedure for giving these notices. John H. Hanley, after receiving notice and a copy of the PBGC uses the information submitted to rule, PBGC either approves or fails to estimate cash needs for financial Director, Legislative and Regulatory assistance to troubled plans. Employers Department, Pension Benefit Guaranty disapprove the rule. Corporation. The regulation provides rules for and unions use the information to requesting PBGC’s approval of an decide whether additional plan [FR Doc. 2011–1822 Filed 1–27–11; 8:45 am] amendment. PBGC needs the required contributions will be made to avoid the BILLING CODE 7709–01–P information to identify the plan, insolvency and consequent benefit evaluate the risk of loss, if any, posed suspensions. Plan participants and by the plan amendment, and determine beneficiaries use the information in OFFICE OF PERSONNEL whether to approve or disapprove the personal financial decisions. MANAGEMENT amendment. PBGC estimates that at most 1 plan PBGC estimates that at most 1 plan sponsor of an ongoing plan gives notices Notice of Federal Long Term Care sponsor submits an approval request per each year under this regulation. The Insurance Program Open Season year under this regulation. The estimated annual burden of the AGENCY: Office of Personnel estimated annual burden of the collection of information is 1 hour and Management. collection of information is 0.5 hours $2,734. ACTION: Notice of Federal Long Term and $0. 11. Duties of Plan Sponsor Following Care Insurance Open Season. 9. Mergers and Transfers Between Mass Withdrawal (29 CFR Part 4281) SUMMARY: The Office of Personnel Multiemployer Plans (29 CFR Part (OMB control number 1212–0032) Management (OPM) is announcing an 4231) (OMB control number 1212–0022) (expires April 30, 2011) Open Season for the Federal Long Term (expires April 30, 2011) Section 4281 of ERISA provides rules Care Insurance Program (FLTCIP). All Section 4231(a) and (b) of ERISA for plans that have terminated by mass eligible individuals who are not requires plans that are involved in a withdrawal. Under section 4281, if currently enrolled in FLTCIP may apply merger or transfer to give PBGC 120 nonforfeitable benefits exceed plan for coverage, including employees, days’ notice of the transaction and assets, the plan sponsor must amend the annuitants, and other members of the provides that if PBGC determines that plan to reduce benefits. If the plan Federal family. Active workforce specified requirements are satisfied, the nevertheless becomes insolvent, the members, their spouses, and same-sex transaction will be deemed not to be in plan sponsor must suspend certain domestic partners of civilian active violation of ERISA section 406(a) or benefits that cannot be paid. If available workforce members will be subject to (b)(2) (dealing with prohibited resources are inadequate to pay abbreviated underwriting. The addition transactions). guaranteed benefits, the plan sponsor of same-sex domestic partners of This regulation sets forth the must request financial assistance from civilian active workforce members as a procedures for giving notice of a merger PBGC. new type of qualified relative eligible to or transfer under section 4231 and for The regulation requires a plan apply for FLTCIP coverage is pursuant requesting a determination that a sponsor to give notices of benefit to the President’s Memorandum of June transaction complies with section 4231. reduction, notices of insolvency and 17, 2009 on Federal Benefits and Non- PBGC uses information submitted by annual updates, and notices of Discrimination which requested that plan sponsors under the regulation to insolvency benefit level to PBGC and to OPM, in consultation with the determine whether mergers and participants and beneficiaries and, if Department of Justice, extend certain transfers conform to the requirements of necessary, to apply to PBGC for benefits that can be provided to same- ERISA section 4231 and the regulation. financial assistance. sex domestic partners of Federal PBGC estimates that there are 20 PBGC uses the information it receives employees consistent with Federal law. transactions each year for which plan to make determinations required by All other qualified relatives will be sponsors submit notices and approval ERISA, to identify and estimate the cash subject to the Program’s standard requests under this regulation. The needed for financial assistance to requirements for full underwriting of estimated annual burden of the terminated plans, and to verify the applications. collection of information is 5 hours and appropriateness of financial assistance $6,700. payments. Plan participants and DATES: The Open Season will run from beneficiaries use the information to April 4 through May 27, 2011. 10. Notice of Insolvency (29 CFR Part make personal financial decisions. FOR FURTHER INFORMATION CONTACT: For 4245) (OMB control number 1212–0033) PBGC estimates that plan sponsors of further information, please call 1–800– (expires April 30, 2011) terminated plans each year give benefit LTC–FEDS (1–800–582–3337) (TTY: 1– If the plan sponsor of a plan in reduction notices for 3 plans and give 800–843–3557) or visit http:// reorganization under ERISA section notices of insolvency benefit level and www.ltcfeds.com.

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For purposes of this Federal Register underwriting standards in effect for the Paragraph (b)(1) of Rule 15Ba2–6T notice, the contact at OPM is John FLTCIP as of April 4, 2011. requires municipal advisors to promptly Cutler, at [email protected] or (202) Billing age: Premiums are based on amend their temporary registration 606–0004. the enrollee’s age upon receipt of his or whenever information concerning Items her application by the program 1 (Identifying Information) or 3 SUPPLEMENTARY INFORMATION: The Long- administrator, Long Term Care Partners, (Disciplinary Information) of Form MA– Term Care Security Act (Pub. L. 106– and the options selected. T becomes inaccurate in anyway. 265) permits OPM to provide for Effective date: The effective date of Paragraph (b)(2) of Rule 15Ba2–6T periodic opportunities for eligible coverage will be the first day of the requires municipal advisors to promptly individuals to apply for coverage in the month after an application is approved. amend their temporary registration FLTCIP. OPM has issued regulations (5 However, in accordance with whenever they wish to withdraw from CFR Part 875, sections 402–404) which § 875.404(b)(2), workforce members who registration. set forth procedures for FLTCIP open apply for coverage under abbreviated Paragraph (c) of Rule 15Ba2–6T seasons. This notice is issued under underwriting must be actively at work provides that every initial registration, section 875.402(b). Under that in order for coverage to become amendment to registration, or provision, OPM will specify beginning effective. withdrawal from registration filed and ending dates, as well as the pursuant to this rule constitutes a requirements for applicants during this Authority: 5 U.S.C. 9008; 5 CFR 875.402. ‘‘report’’ within the meaning of period, in Federal Register Notices. U.S. Office of Personnel Management. applicable provisions of the Exchange OPM may provide for abbreviated John Berry, Act. underwriting requirements for specified Director. Paragraph (d) of Rule 15Ba2–6T eligible groups when OPM determines it [FR Doc. 2011–1852 Filed 1–27–11; 8:45 am] provides that every Form MA–T, is in the best interest of the FLTCIP. including every amendment to or BILLING CODE 6325–63–P Eligible Individuals: Active civilian withdrawal from registration, is workforce members and their spouses or considered filed with the Commission same-sex domestic partners who are not when the electronic form on the currently enrolled in FLTCIP are eligible SECURITIES AND EXCHANGE Commission’s Web site is completed to apply during this Open Season with COMMISSION and the Commission has sent abbreviated underwriting. Active confirmation to the municipal advisor Submission for OMB Review; civilian workforce members include that the form was filed. Comment Request Federal civilian or U.S. Postal Service Paragraph (e) of Rule 15Ba2–6T provides that all temporary registrations employees whose current position Upon Written Request, Copies Available conveys eligibility for Federal of municipal advisors will expire on the From: U.S. Securities and Exchange earlier of: (1) The date that the Employees Health Benefits coverage, Commission, Office of Investor subject to the exceptions contained in registration is approved or disapproved Education and Advocacy, by the Commission pursuant to a final section 875.201. Members of the Washington, DC 20549–0213. uniformed services—those who are on rule adopted by the Commission Extension: establishing another manner of active duty or full-time National Guard Rule 15Ba2–6T, OMB Control No. duty for more than a 30-day period or registration and prescribing a form for 3235–0659, SEC File No. S7–19–10. the registration; (2) the date on which are active members of the selected Notice is hereby given that pursuant reserve—and their spouses who are not the municipal advisor’s temporary to the Paperwork Reduction Act of 1995 registration is rescinded by the currently enrolled in FLTCIP are eligible (44 U.S.C. 3501 et seq.), the Securities to apply during this Open Season with Commission; or (3) December 31, 2011. and Exchange Commission Paragraph (f) of Rule 15Ba2–6T abbreviated underwriting. Non-enrolled (‘‘Commission’’) is soliciting comments provides that Rule 15Ba2–6T will expire annuitants as described in sections on the existing collection of information on December 31, 2011. 875.202 and 875.203, retired members provided for in the following rule: Rule The primary purpose of Rule 15Ba2– of the uniformed services as described 15Ba2–6T—Temporary Registration as a 6T is to provide information about in section 875.205, and qualified Municipal Advisor; Required municipal advisors to investors and relatives other than spouses of active Amendments; and Withdrawal from issuers, as well as the Commission workforce members and same-sex Temporary Registration (17 CFR pursuant to the Dodd-Frank Wall Street domestic partners of active civilian 240.15Ba2–6T) under the Securities Reform and Consumer Protection Act. workforce members can apply for Exchange Act of 1934 (15 U.S.C. 78a et Commission staff estimates that coverage with a full underwriting seq.) (‘‘Exchange Act’’). The Commission approximately 1,000 municipal advisors application. plans to submit this existing collection will file Form MA–T. Commission staff Underwriting requirements: Eligible of information to the Office of estimates that each of the approximately applicants who are active workforce Management and Budget (‘‘OMB’’) for 1,000 municipal advisors will spend an members, their spouses and same-sex extension and approval. average of 2.5 hours preparing each domestic partners of active civilian Paragraph (a) of Rule 15Ba2–6T Form MA–T. Therefore, the estimated workforce members, who are not requires municipal advisors, as defined total reporting burden associated with currently enrolled in FLTCIP, are able to in Section 15B(e)(4) of the Exchange Act completing Form MA–T is 2,500 hours. apply during the Open Season subject to (15 U.S.C. 78o–4(e)(4)), to electronically Additionally, Commission staff the abbreviated underwriting standards file with the Commission on the estimates that approximately 1,000 in effect for the FLTCIP as of April 4, Commission’s Web site at the following municipal advisors will amend their 2011. Eligible applicants other than link, Municipal Advisor Registration, Form MA–T once during the period of active workforce members, their the information set forth in Form MA– September 1, 2010 through December spouses, and same-sex domestic T (17 CFR 249.1300T) to temporarily 31, 2011 and that it will take partners of active civilian workforce register or withdraw from temporary approximately 30 minutes to amend members, are subject to the full registration. their form, which means the total

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burden associated with amending Form SECURITIES AND EXCHANGE amendment represents Amendment No. MA–T is 500 hours. Therefore, the total COMMISSION 25 to the Plan and proposes to permit ministerial amendments to the Plans annual burden associated with [Release No. 34–63756; File No. S7–24–89] completing and amending Form MA–T under the signature of the Chairman of is 3,000 hours. Joint Industry Plan; Notice of Filing of the Nasdaq/UTP Plan Operating Committee. The Commission is The Commission believes that some Amendment No. 25 to the Joint Self- publishing this notice to solicit municipal advisors will seek outside Regulatory Organization Plan Governing the Collection, comments from interested persons on counsel to help them comply with the the proposed Amendment. requirements of Rule 15Ba2–6T and Consolidation and Dissemination of Form MA–T, and assumes that each of Quotation and Transaction Information I. Rule 608(a) for Nasdaq-Listed Securities Traded on the 1,000 municipal advisors will Exchanges on an Unlisted Trading A. Purpose of the Amendments consult outside counsel for one hour for Privileges Basis Submitted by the this purpose. The hourly rate for an Currently, Section XVI of the Nasdaq/ BATS Exchange, Inc., BATS Y– UTP Plan requires each Participant to attorney is $400, according to the Exchange, Inc., Chicago Board Securities Industry and Financial execute most amendments to the Plan Options Exchange, Incorporated, before they can submit Plan Markets Association’s publication titled Chicago Stock Exchange, Inc., EDGA Management & Professional Earnings in amendments to the Commission. This Exchange, Inc., EDGX Exchange, Inc., can result in delays and unwarranted the Securities Industry 2009, as Financial Industry Regulatory administrative functioning in the modified by Commission staff to Authority, Inc., International Securities context of certain amendments that are account for an 1,800 hour work year and Exchange LLC, NASDAQ OMX BX, Inc., of a purely ministerial nature. For that multiplied by 5.35 to account for NASDAQ OMX PHLX, Inc., Nasdaq reason, the Participants propose to bonuses, firm size, employee benefits Stock Market LLC, National Stock amend the Plan to permit the and overhead. The Commission Exchange, Inc., New York Stock submission of Plan amendments to the estimates the total cost for all 1,000 Exchange LLC, NYSE Amex, Inc., and Commission under the signature of the municipal advisors to hire outside NYSE Arca, Inc. Chairman of the Nasdaq/UTP Plan counsel to review their compliance with January 21, 2011. Operating Committee, in lieu of the requirements of Rule 15Ba2–6T and Pursuant to Rule 608 of the Securities signatures from each Participant. Form MA–T to be approximately Exchange Act of 1934 (the ‘‘Act’’) 1 The categories of ministerial Plan $400,000. notice is hereby given that on December amendments that the Participants may An agency may not conduct or 23, 2010, the operating committee submit under the signature of the sponsor, and a person is not required to (‘‘Operating Committee’’ or Chairman include amendments to the respond to, a collection of information ‘‘Committee’’) 2 of the Joint Self- Plan that pertain solely to any one or unless it displays a currently valid Regulatory Organization Plan Governing more of the following: control number. the Collection, Consolidation, and (1) Admitting a new Participant into Dissemination of Quotation and the Plan; The public may view the background Transaction Information for Nasdaq- (2) Changing the name or address of documentation for this information Listed Securities Traded on Exchanges a Participant; collection at the following Web site, on an Unlisted Trading Privilege Basis http://www.reginfo.gov. Comments (3) Incorporating a change that the (‘‘Nasdaq/UTP Plan’’ or ‘‘Plan’’) filed Commission has implemented by rule should be directed to: (i) Desk Officer with the Securities and Exchange and that requires no conforming for the Securities and Exchange Commission (‘‘Commission’’) an language to the text of the Plan (e.g., the Commission, Office of Information and amendment to the Plan.3 This Commission rule establishing the Regulatory Affairs, Office of Advisory Committee); Management and Budget, Room 10102, 1 17 CFR 242.608. (4) Incorporating a change (i) That the 2 The Plan Participants (collectively, New Executive Office Building, Commission has implemented by rule, Washington, DC 20503, or by sending an ‘‘Participants’’) are the: BATS Exchange, Inc. (‘‘BATS’’); BATS Y–Exchange, Inc. (‘‘BATS Y’’); (ii) that requires conforming language to e-mail to: Chicago Board Options Exchange, Incorporated the text of the Plan (e.g., the _ Shagufta [email protected]; and (ii) (‘‘CBOE’’); Chicago Stock Exchange, Inc. (‘‘CHX’’); Commission rule amending the revenue Thomas Bayer, Chief Information EDGA Exchange, Inc. (‘‘EDGA’’); EDGX Exchange, Inc. (‘‘EDGX’’); Financial Industry Regulatory allocation formula), and (iii) that a Officer, Securities and Exchange Authority, Inc. (‘‘FINRA’’); International Securities majority of all Participants has voted to Commission, c/o Remi Pavlik-Simon, Exchange LLC (‘‘ISE’’); NASDAQ OMX BX, Inc. approve; and 6432 General Green Way, Alexandria, (‘‘BX’’); NASDAQ OMX PHLX, Inc. (‘‘PHLX’’); Nasdaq Stock Market LLC (‘‘Nasdaq’’); National (5) Incorporating a purely technical VA 22312 or send an email to: change, such as correcting an error or an _ Stock Exchange, Inc. (‘‘NSX’’); New York Stock PRA [email protected]. Comments must Exchange LLC (‘‘NYSE’’); NYSE Amex, Inc. inaccurate reference to a statutory be submitted to OMB within 30 days of (‘‘NYSEAmex’’); and NYSE Arca, Inc. (‘‘NYSEArca’’). provision, or removing language that this notice. 3 The Plan governs the collection, processing, and has become obsolete (e.g., language dissemination on a consolidated basis of quotation Dated: January 18, 2011. information and transaction reports in Eligible regarding ITS). Elizabeth M. Murphy, Securities for each of its Participants. This The Participants believe that consolidated information informs investors of the submission of these categories of Secretary. current quotation and recent trade prices of Nasdaq ministerial amendments will improve [FR Doc. 2011–1820 Filed 1–27–11; 8:45 am] securities. It enables investors to ascertain from one data source the current prices in all the markets the efficiency of the administration of BILLING CODE 8011–01–P trading Nasdaq securities. The Plan serves as the the Plan and that the signature of each required transaction reporting plan for its Participant provides no safeguards that Participants, which is a prerequisite for their trading Eligible Securities. See Securities Exchange are necessary or appropriate in the Act Release No. 55647 (April 19, 2007) 72 FR 20891 context of these categories of ministerial (April 26, 2007). amendments.

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B. Governing or Constituent Documents D. Standards and Methods Ensuring CBOE, 400 S. LaSalle Street, Chicago, IL Not applicable. Promptness, Accuracy and 60605. All comments received will be Completeness of Transaction Reports posted without change; the Commission C. Implementation of Amendment Not applicable. does not edit personal identifying The Participants propose to information from submissions. You implement the change upon E. Rules and Procedures Addressed to should submit only information that Commission approval of the Fraudulent or Manipulative you wish to make available publicly. All Amendment. Dissemination submissions should refer to File Not applicable. Number S7–24–89 and should be D. Development and Implementation submitted on or before February 18, Phases F. Terms of Access to Transaction 2011. Reports See Item I(C) above. For the Commission, by the Division of Not applicable. E. Analysis of Impact on Competition Trading and Markets, pursuant to delegated authority.4 The proposed amendment does not G. Identification of Marketplace of Execution Elizabeth M. Murphy, impose any burden on competition that Secretary. is not necessary or appropriate in Not Applicable. [FR Doc. 2011–1859 Filed 1–27–11; 8:45 am] furtherance of the purposes of the III. Solicitation of Comments BILLING CODE 8011–01–P Exchange Act. The Participants do not believe that the proposed plan The Commission seeks general comments on Amendment No. 25. amendment introduces terms that are SECURITIES AND EXCHANGE Interested persons are invited to submit unreasonably discriminatory for the COMMISSION purposes of Section 11A(c)(1)(D) of the written data, views, and arguments Exchange Act. concerning the foregoing, including [Release No. 34–63758; File No. SR–ISE– whether the proposal is consistent with 2011–05] F. Written Understanding or Agreements the Act. Comments may be submitted by Relating to Interpretation of, or any of the following methods: Self-Regulatory Organizations; Participation in, Plan International Securities Exchange, Electronic Comments The Participants have no written LLC; Notice of Filing of Proposed Rule understandings or agreements relating • Use the Commission’s Internet Change Relating to the Purchase of to interpretation of the Plans as a result comment form (http://www.sec.gov/ Equity Interests by International of the amendment. rules/sro.shtml); or Securities Exchange Holdings, Inc. in • Send an e-mail to rule- Ballista Holdings LLC G. Approval by Sponsors in Accordance [email protected]. Please include File January 24, 2011. With Plan Number S7–24–89 on the subject line. Pursuant to Section 19(b)(1) of the Each of the Plan’s Participants has Paper Comments Securities Exchange Act of 1934 (the executed a written amendment to the 1 • Send paper comments in triplicate ‘‘Exchange Act’’) and Rule 19b–4 Plan. 2 to Elizabeth M. Murphy, Secretary, thereunder, notice is hereby given that H. Description of Operation of Facility Securities and Exchange Commission, on January 14, 2011, the International Contemplated by the Proposed 100 F Street, NE., Washington, DC Securities Exchange, LLC (the ‘‘ ’’ ‘‘ ’’ Amendment 20549–1090. Exchange or ISE ) filed with the Securities and Exchange Commission Not applicable. All submissions should refer to File (‘‘Commission’’ or ‘‘SEC’’) the proposed Number S7–24–89. This file number I. Terms and Conditions of Access rule change as described in Items I and should be included on the subject line II below, which items have been Not applicable. if e-mail is used. To help the prepared by the Exchange. The Commission process and review your J. Method of Determination and Commission is publishing this notice to comments more efficiently, please use Imposition, and Amount of, Fees and solicit comments on the proposed rule only one method. The Commission will Charges change from interested persons. post all comments on the Commission’s Not applicable. Web site (http://www.sec.gov/rules/ I. Self-Regulatory Organization’s K. Method and Frequency of Processor sro.shtml). Copies of the submission, all Statement of the Terms of Substance of Evaluation written statements with respect to the the Proposed Rule Change Not applicable. proposed Plan amendment that are filed The Exchange is submitting this with the Commission, and all written proposed rule change (the ‘‘Proposed L. Dispute Resolution communications relating to the Rule Change’’) to the Commission to Not applicable. proposed Plan amendment between the amend ISE Rule 312 (Limitation on Commission and any person, other than II. Rule 601(a) Affiliation between the Exchange and those that may be withheld from the Members) in connection with the capital A. Reporting Requirements public in accordance with the contribution by its parent company, Not applicable. provisions of 5 U.S.C. 552, will be International Securities Exchange available for Web site viewing and Holdings, Inc. (‘‘ISE Holdings’’), in B. Manner of Collecting, Processing, printing in the Commission’s Public Ballista Holdings LLC (formerly Sequencing, Making Available and Reference Room on official business Optifreeeze [sic] LLC), a Delaware Disseminating Last Sale Information days between the hours of 10 a.m. and Limited Liability Company (‘‘Ballista Not applicable. 3 p.m. Copies of the filing also will be available for Web site viewing and 4 C. Manner of Consolidation 17 CFR 200.30–3(a)(27). printing at the Office of the Secretary of 1 15 U.S.C. 78s(b)(1). Not applicable. the Committee, currently located at the 2 17 CFR 240.19b–4.

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Holdings’’). The text of the proposed recognizing that the Commission has report to the Exchange quantifying rule change is available on the previously expressed concern regarding Exceptions on not less than a quarterly Exchange’s Web site http:// (1) the potential for conflicts of interest basis; (4) the Exchange shall establish www.ise.com, at the principal office of in instances where an exchange is and maintain procedures and internal the Exchange, and at the Commission’s affiliated with one of its members, and controls reasonably designed to ensure Public Reference Room. (2) the potential for informational that Ballista Securities and its affiliates advantages that could place an affiliated do not have access to nonpublic II. Self-Regulatory Organization’s member of an exchange at a competitive information obtained as a result of ISE Statement of the Purpose of, and advantage vis-a`-vis the other non- Holdings’ ownership interest in Ballista Statutory Basis for, the Proposed Rule affiliated members, the ISE submitted a Securities, until such information is Change proposed rule change to amend ISE Rule available generally to similarly situated In its filing with the Commission, the 312 to permit the proposed affiliation members of the Exchange; and (5) the Exchange included statements subject to several limitations and ownership interest of ISE Holdings, Inc. concerning the purpose of, and basis for, obligations. Specifically, the limitations in Ballista Securities is subject to the the proposed rule change and discussed and obligations of ISE Rule 312 provide conditions set forth above and is granted any comments it received on the that for so long as (i) ISE Holdings on a temporary basis, for not longer than proposed rule change. The text of these maintains an ownership interest in one year from the date of Commission statements may be examined at the Ballista Securities; and (ii) Ballista approval of the filing. places specified in Item IV below. The Securities remains a member of the On September 1, 2009, the self-regulatory organization has Exchange: (1) Financial Industry Commission approved the amendments prepared summaries, set forth in Regulatory Authority (‘‘FINRA’’), a self- to ISE Rule 312 (Limitation on Sections A, B and C below, of the most regulatory organization unaffiliated with Affiliation between the Exchange and significant aspects of such statements. the Exchange or any of its affiliates, will Members) to reflect ISE Holdings’ A. Self-Regulatory Organization’s carry out oversight and enforcement ownership interest in Ballista Securities Statement of the Purpose of, and responsibilities as the designated and to set forth such limitations and Statutory Basis for, the Proposed Rule examining authority designated by the obligations relating to the relationship, Change Commission pursuant to Rule 17d–1 of and an exemption from ISE Rule 312 of the Exchange Act with the the Exchange with respect to the 1. Purpose responsibility for examining Ballista investment by ISE Holdings in Ballista On June 5, 2009, ISE Holdings entered Securities for compliance with Holdings for a one (1) year pilot period into a Membership Purchase Agreement applicable financial responsibility rules; which ended on September 1, 2010.5 (‘‘Purchase Agreement’’) with Ballista (2) the Exchange shall (a) enter into a The Exchange now proposes that there Holdings. Pursuant to the Purchase plan pursuant to Rule 17d–2 under the be an exemption from Rule 312 of the Agreement, ISE Holdings contributed Exchange Act with a non-affiliated self- Exchange with respect to the investment cash to the capital of Ballista Holdings regulatory organization (‘‘SRO’’) to by ISE Holdings in Ballista Holdings for in exchange for membership interests relieve the Exchange of regulatory a second one (1) year pilot period representing on the date of such responsibilities for Ballista Securities subject to the same limitations and issuance 8.57% of the aggregate with respect to rules that are common obligations as were previously approved membership interests in Ballista rules between the Exchange and the by the Commission, and to make certain Holdings (‘‘Purchased Interests’’). ISE SRO, and (b) enter into a regulatory technical changes to Rule 312 to reflect Holdings and its subsidiaries and services contract with a non-affiliated that the 17d–2 Plan 6 and the Regulatory affiliates do not have any voting or other SRO to perform certain regulatory Services Agreement with a non- ‘‘control’’ arrangements with any of the responsibilities for Ballista Securities affiliated self-regulatory organization are other members of Ballista Holdings for unique Exchange rules; 4 (3) the currently in place, and also to reflect relating to its investment in Ballista regulatory services contract shall require that the Exchange has established and Holdings. The purchase by ISE Holdings the Exchange to provide the non- maintains procedures and internal of the Purchased Interests was affiliated SRO with information, in an controls reasonably designed to ensure consummated on June 5, 2009 (the easily accessible manner, regarding all that Ballista Securities and its affiliates ‘‘Transaction’’). As a result of such exception reports, alerts, complaints, do not have access to nonpublic purchase, ISE Holdings became a trading errors, cancellations, information obtained as a result of ISE member of Ballista Holdings pursuant to investigations, and enforcement matters Holdings’ ownership interest in Ballista the Third Amended and Restated (collectively, ‘‘Exceptions’’) in which Securities, until such information is Operating Agreement of Ballista Ballista Securities is identified as a available generally to similarly situated Holdings dated June 5, 2009, and has participant that has potentially violated members of the Exchange. In addition, the Exchange notes that one representative on the Ballista Exchange or SEC rules, and shall require ISE Holdings continues to own less than Holdings Board of Directors. Ballista that the nonaffiliated SRO provide a 9% of the equity in Ballista Holdings Securities LLC (‘‘Ballista Securities’’), a and therefore does not own a controlling wholly-owned subsidiary of Ballista not, directly or indirectly, acquire or maintain an interest or otherwise have any veto or Holdings, is an electronic access ownership interest in a member or non-member owner. In addition, ISE Rule 312 provides that other special voting rights with respect member of the Exchange. nothing in that rule shall prohibit a member or non- The Exchange, through ISE Holdings, to the management or operation of member owner from being or becoming an affiliate Ballista Holdings. The Exchange maintains an ownership interest in an of the Exchange, or an affiliate of an affiliate of the acknowledges that if the Exchange or ISE member, Ballista Securities, which, Exchange solely by reason of any officer, director without Commission approval, would or partner of such member becoming an Exchange Director (as defined in the Amended and Restated 5 3 See Securities and Exchange Act Release No. be prohibited by ISE Rule 312. In 2009, Constitution of the ISE). 34–60598 (September 1, 2009), 74 FR 38068 (July 4 The non-affiliated SRO will perform certain 30, 2009) [sic] (SR–ISE–2009–45). 3 In relevant part, ISE Rule 312 provides that, regulatory responsibilities for Ballista Securities 6 See Securities and Exchange Act Release No. without prior SEC approval, the Exchange, or any other than market surveillance, including, but not 34–61853 (April 6, 2010), 75 FR 18925 (April 13, entity with which the Exchange is affiliated shall limited to, investigative and disciplinary services. 2010).

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any of its affiliates were to directly or unsolicited written comments from Washington, DC 20549, on official indirectly increase the equity ownership members, participants or others. business days between the hours of 10 of Ballista Holdings, such increase a.m. and 3 p.m. Copies of such filing III. Date of Effectiveness of the would require prior Commission also will be available for inspection and Proposed Rule Change and Timing for approval. The Exchange believes that copying at the principal office of the Commission Action the foregoing measures and factors Exchange. All comments received will minimize the concerns identified by the Within 45 days of the date of be posted without change; the Commission regarding potential publication of this notice in the Federal Commission does not edit personal conflicts of interest. Register or within such longer period identifying information from up to 90 days (i) as the Commission may submissions. You should submit only 2. Statutory Basis designate if it finds such longer period information that you wish to make The Exchange believes that the to be appropriate and publishes its publicly available. All submissions proposed rule change is consistent with reasons for so finding or (ii) as to which should refer to File Number SR–ISE– the provisions of Section 6 of the the self-regulatory organization 2011–05 and should be submitted on or Exchange Act,7 in general, and with consents, the Commission will: before February 18, 2011. (A) By order approve or disapprove Sections 6(b)(1) and (b)(5) of the For the Commission, by the Division of 8 the proposed rule change, or Exchange Act, in particular, in that the Trading and Markets, pursuant to delegated proposal enables the Exchange to be so (B) Institute proceedings to determine authority.10 whether the proposed rule change organized as to have the capacity to be Elizabeth M. Murphy, should be disapproved. able to carry out the purposes of the Secretary. Exchange Act and to comply with and IV. Solicitation of Comments [FR Doc. 2011–1860 Filed 1–27–11; 8:45 am] enforce compliance by members and Interested persons are invited to BILLING CODE 8011–01–P persons associated with members with submit written data, views, and provisions of the Exchange Act, the arguments concerning the foregoing, rules and regulations thereunder, and including whether the proposed rule SECURITIES AND EXCHANGE SRO rules, and is designed to prevent change is consistent with the Act. COMMISSION fraudulent and manipulative acts and Comments may be submitted by any of [Release No. 34–63755; File No. S7–24–89] practices, to promote just and equitable the following methods: principles of trade, to foster cooperation Joint Industry Plan; Notice of Filing Electronic Comments and coordination with persons engaged and Immediate Effectiveness of in regulating, clearing, settling, • Use the Commission’s Internet Amendment No. 24 to the Joint Self- processing information with respect to, comment form (http://www.sec.gov/ Regulatory Organization Plan and facilitating transactions in rules/sro.shtml); or Governing the Collection, securities, to remove impediments to • Send an e-mail to rule- Consolidation and Dissemination of and perfect the mechanism of a free and [email protected]. Please include File Quotation and Transaction Information open market and a national market Number SR–ISE–2011–05 on the subject for Nasdaq-Listed Securities Traded on system, and, in general, to protect line. Exchanges on an Unlisted Trading investors and the public interest. In Privileges Basis Submitted by the particular, this rule change will provide Paper Comments • BATS Exchange, Inc., Chicago Board for a second one (1) year pilot program Send paper comments in triplicate Options Exchange, Incorporated, designed to prevent any potential to Elizabeth M. Murphy, Secretary, Chicago Stock Exchange, Inc., EDGA regulatory issues that could arise with Securities and Exchange Commission, Exchange, Inc., EDGX Exchange, Inc., ISE Holdings’ investment in Ballista 100 F Street, NE., Washington, DC 9 Financial Industry Regulatory Holdings. 20549–1090. Authority, Inc., International Securities B. Self-Regulatory Organization’s All submissions should refer to File Exchange LLC, NASDAQ OMX BX, Inc., Statement on Burden on Competition Number SR–ISE–2011–05. This file NASDAQ OMX PHLX, Inc., Nasdaq number should be included on the Stock Market LLC, National Stock The Exchange does not believe that subject line if e-mail is used. To help the Exchange, Inc., New York Stock the proposed rule change will impose Commission process and review your Exchange LLC, NYSE Amex, Inc., and any burden on competition that is not comments more efficiently, please use NYSE Arca, Inc. necessary or appropriate in furtherance only one method. The Commission will of the purposes of the Exchange Act. post all comments on the Commission’s January 21, 2011. Pursuant to Rule 608 of the Securities C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ Exchange Act of 1934 (the ‘‘Act’’) 1 Statement on Comments on the rules/sro.shtml). Copies of the notice is hereby given that on December Proposed Rule Change Received From submission, all subsequent 20, 2010, the operating committee Members, Participants or Others amendments, all written statements with respect to the proposed rule (‘‘Operating Committee’’ or The Exchange has not solicited, and change that are filed with the ‘‘Committee’’) 2 of the Joint Self- does not intend to solicit, comments on Commission, and all written this proposed rule change. The communications relating to the 10 17 CFR 200.30–3(a)(12). Exchange has not received any proposed rule change between the 1 17 CFR 242.608. 2 The Plan Participants (collectively, Commission and any person, other than ‘‘Participants’’) are the: BATS Exchange, Inc. 7 15 U.S.C. 78f. those that may be withheld from the (‘‘BATS’’); Chicago Board Options Exchange, 8 15 U.S.C. 78f(b)(3), (5). public in accordance with the Incorporated (‘‘CBOE’’); Chicago Stock Exchange, 9 See e-mail from Tracy Tang, Assistant General provisions of 5 U.S.C. 552, will be Inc. (‘‘CHX’’); EDGA Exchange, Inc. (‘‘EDGA’’); EDGX Counsel, ISE, to Michael Gaw, Assistant Director, Exchange, Inc. (‘‘EDGX’’); Financial Industry Division of Trading and Markets, Commission, available for Web site viewing and Regulatory Authority, Inc. (‘‘FINRA’’); International dated January 20, 2011 (correcting text of the printing in the Commission’s Public Securities Exchange LLC (‘‘ISE’’); NASDAQ OMX Statutory Basis at the Exchange’s request). Reference Room, 100 F Street, NE., Continued

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Regulatory Organization Plan Governing G. Approval by Sponsors in Accordance • Send an e-mail to rule- the Collection, Consolidation, and With Plan [email protected]. Please include File Dissemination of Quotation and Each of the Plan’s Participants has Number S7–24–89 on the subject line. Transaction Information for Nasdaq- executed a written amendment to the Paper Comments Listed Securities Traded on Exchanges Plan. on an Unlisted Trading Privilege Basis • Send paper comments in triplicate (‘‘Nasdaq/UTP Plan’’ or ‘‘Plan’’) filed H. Description of Operation of Facility to Elizabeth M. Murphy, Secretary, with the Securities and Exchange Contemplated by the Proposed Securities and Exchange Commission, Commission (‘‘Commission’’) an Amendment 100 F Street, NE., Washington, DC amendment to the Plan.3 This Not applicable. amendment represents Amendment No. 20549–1090. 24 to the Plan and proposes to add I. Terms and Conditions of Access All submissions should refer to File BATS Y–Exchange, Inc. to the Plan. The See Item I(A) above. Number S7–24–89. This file number Commission is publishing this notice to J. Method of Determination and should be included on the subject line solicit comments from interested if e-mail is used. To help the persons on the proposed Amendment. Imposition, and Amount of, Fees and Charges Commission process and review your comments more efficiently, please use I. Rule 608(a) See Item I(A) above. only one method. The Commission will A. Purpose of the Amendments K. Method and Frequency of Processor post all comments on the Commission’s The amendment proposes to add Evaluation Web site (http://www.sec.gov/rules/ BATS Y–Exchange, Inc. as a new Not applicable. sro.shtml). Copies of the submission, all Participant to the Plan. written statements with respect to the L. Dispute Resolution B. Governing or Constituent Documents proposed Plan amendment that are filed Not applicable. Not applicable. with the Commission, and all written II. Rule 601(a) communications relating to the C. Implementation of Amendment proposed Plan amendment between the Because the Participants designate the A. Reporting Requirements Commission and any person, other than amendment as concerned solely with Not applicable. those that may be withheld from the the administration of the Plan, the B. Manner of Collecting, Processing, public in accordance with the amendment becomes effective upon Sequencing, Making Available and provisions of 5 U.S.C. 552, will be filing with the Commission. Disseminating Last Sale Information available for website viewing and printing in the Commission’s Public D. Development and Implementation Not applicable. Phases Reference Room on official business C. Manner of Consolidation days between the hours of 10 a.m. and Not applicable. Not applicable. 3 p.m. Copies of the filing also will be E. Analysis of Impact on Competition available for Web site viewing and D. Standards and Methods Ensuring The proposed amendment does not printing at the Office of the Secretary of Promptness, Accuracy and impose any burden on competition that the Committee, currently located at the Completeness of Transaction Reports is not necessary or appropriate in CBOE, 400 S. LaSalle Street, Chicago, IL furtherance of the purposes of the Not applicable. 60605. All comments received will be Exchange Act. The Participants do not E. Rules and Procedures Addressed to posted without change; the Commission believe that the proposed plan Fraudulent or Manipulative does not edit personal identifying amendment introduces terms that are Dissemination information from submissions. You unreasonably discriminatory for the should submit only information that Not applicable. purposes of Section 11A(c)(1)(D) of the you wish to make available publicly. All Exchange Act. F. Terms of Access to Transaction submissions should refer to File F. Written Understanding or Agreements Reports Number S7–24–89 and should be relating To Interpretation of, or Not applicable. submitted on or before February 18, Participation in, Plan 2011. G. Identification of Marketplace of Not applicable. Execution For the Commission, by the Division of Trading and Markets, pursuant to delegated BX, Inc. (‘‘BX’’); NASDAQ OMX PHLX, Inc. Not Applicable. authority.4 (‘‘PHLX’’); Nasdaq Stock Market LLC (‘‘Nasdaq’’); Elizabeth M. Murphy, National Stock Exchange, Inc. (‘‘NSX’’); New York III. Solicitation of Comments Stock Exchange LLC (‘‘NYSE’’); NYSE Amex, Inc. The Commission seeks general Secretary. (‘‘NYSEAmex’’); and NYSE Arca, Inc. (‘‘NYSEArca’’). comments on Amendment No. 24. [FR Doc. 2011–1858 Filed 1–27–11; 8:45 am] 3 The Plan governs the collection, processing, and dissemination on a consolidated basis of quotation Interested persons are invited to submit BILLING CODE 8011–01–P information and transaction reports in Eligible written data, views, and arguments Securities for each of its Participants. This concerning the foregoing, including consolidated information informs investors of the whether the proposal is consistent with current quotation and recent trade prices of Nasdaq securities. It enables investors to ascertain from one the Act. Comments may be submitted by data source the current prices in all the markets any of the following methods: trading Nasdaq securities. The Plan serves as the required transaction reporting plan for its Electronic Comments Participants, which is a prerequisite for their • Use the Commission’s Internet trading Eligible Securities. See Securities Exchange Act Release No. 55647 (April 19, 2007) 72 FR 20891 comment form (http://www.sec.gov/ (April 26, 2007). rules/sro.shtml); or 4 17 CFR 200.30–3(a)(27).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s seek a vote on the acquisition, unless COMMISSION Statement of the Purpose of, and the otherwise required by law. Instead, Statutory Basis for, the Proposed Rule these acquisition vehicles would [Release No. 34–63752; File No. SR– Change conduct a redemption offer pursuant to Rule 13e–4 and Regulation 14E under NYSEAMEX–2011–04] 1. Purpose the Securities Exchange Act of 1934 (the Self-Regulatory Organizations; NYSE In November 2010, the Exchange ‘‘Act’’) after the public announcement Amex LLC; Notice of Filing and adopted a new Section 119 of the Guide and prior to the completion of the Immediate Effectiveness of Proposed setting forth standards for listing business combination, enabling companies whose business plan was to Rule Change To Amend the Criteria for shareholders who are opposed to the complete an initial public offering and Listing Special Purpose Acquisition transaction to tender their shares in engage in a merger or acquisition with Companies (SPACs) To Provide an exchange for a pro rata share of the cash an acquisition vehicle.3 These listing Option To Hold a Tender Offer in Lieu held by the acquisition vehicle. This is requirements included additional of a Shareholder Vote on a Proposed the same outcome available to public protections designed to protect investors Acquisition shareholders who vote against the from certain risks unique to this type of acquisition pursuant to the Exchange’s January 21, 2011. company, including that the acquisition existing rule. vehicle obtain a vote of shareholders Under this new alternative, Pursuant to Section 19(b)(1) of the prior to consummating any acquisition shareholders would still maintain the Securities Exchange Act of 1934 and offer shareholders voting against the ability to ‘‘vote with their feet’’ if they 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, acquisition the ability to redeem their oppose a proposed transaction and notice is hereby given that on January shares in exchange for a pro rata share would, as just noted, also obtain their 12, 2011, NYSE Amex LLC (‘‘Exchange’’ of the cash held by the acquisition pro rata share of the acquisition or ‘‘NYSE Amex’’) filed with the vehicle.4 Similar protections have been vehicle’s cash through the tender offer Securities and Exchange Commission voluntarily adopted by other acquisition pursuant to Rule 13e–4 and Regulation (‘‘Commission’’) the proposed rule vehicles that have not listed on the 14E under the Act. As such, the change as described in Items I and II Exchange. Exchange believes that the protections below, which Items have been prepared The Exchange understands that in a provided by the existing rule would by the self-regulatory organization. The number of cases, hedge funds and other continue to be available. Further, this Commission is publishing this notice to activist investors may have acquired an tender offer alternative would help solicit comments on the proposed rule interest in an acquisition vehicle and prevent shareholders who support the change from interested persons. used their ability to vote against a acquisition and elect to retain their proposed acquisition as leverage to shares from being denied the benefits of I. Self-Regulatory Organization’s obtain additional consideration not the transaction by the actions of the Statement of the Terms of Substance of available to other shareholders. For activist investors. Accordingly, the the Proposed Rule Change example, they may negotiate the sale of Exchange proposes to modify Section The Exchange proposes to amend their stake to an affiliate of the 119 of the Guide 5 to allow an acquisition vehicle’s management for a Section 119 of the NYSE Amex LLC acquisition vehicle to conduct a tender price higher than their pro rata share of Company Guide (the ‘‘Guide’’) to amend offer for all shares of all shareholders in the deposit account. In other cases, the the criteria for listing companies that exchange for a pro rata share of the cash withheld votes may have caused the have indicated that their business plan held in trust by the acquisition vehicle proposed acquisition to fail altogether. is to engage in a merger or acquisition in compliance with Rule 13e-4 and In order to prevent this type of Regulation 14E under the Act instead of with an unidentified company or ‘‘greenmail,’’ recent acquisition vehicles, ‘‘ ’’ soliciting a shareholder vote. companies (an acquisition vehicle ). which went public and did not list on The text of the proposed rule change is In addition, the proposed rule change an exchange, adopted a modified would require an acquisition vehicle available at the Exchange, the structure under which they would not Commission’s Public Reference Room, that is not subject to the Commission’s and http://www.nyse.com. proxy rules to conduct a tender offer for 3 See Securities Exchange Act Release No. 63366 shares in exchange for a pro rata share (November 23, 2010), 75 FR 74119 (November 30, II. Self-Regulatory Organization’s 2010) (SR–NYSEAmex–2010–103). Prior to of the cash held in trust by the Statement of the Purpose of, and adopting new Section 119 of the Guide, the acquisition vehicle in compliance with Statutory Basis for, the Proposed Rule Exchange had permitted certain of such companies Rule 13e–4 and Regulation 14E under Change to list on the Exchange under Initial Listing the Act and provide information similar Standards 3 or 4, which do not require prior operating history, as long as certain protections to that required by the Commission’s In its filing with the Commission, the were provided to investors in such companies, such proxy rules, even if the acquisition self-regulatory organization included as requiring a shareholder vote prior to any vehicle seeks a shareholder vote. This statements concerning the purpose of, acquisition. The Exchange adopted Section 119 to change will assure that investors, in all provide greater transparency to the listing criteria and basis for, the proposed rule change cases, get comparable information about and discussed any comments it received applicable to such companies. See id. 4 Section 119 of the Guide also requires that at the proposed transaction. on the proposed rule change. The text least 90% of the gross proceeds from the acquisition of those statements may be examined at vehicle’s initial public offering and any concurrent 2. Statutory Basis the places specified in Item IV below. sale of equity securities must be deposited in a trust The Exchange believes that its account; that within 36 months of the effectiveness The Exchange has prepared summaries, of the acquisition vehicle’s initial public offering proposal is consistent with Section 6(b) set forth in sections A, B, and C below, registration statement, the acquisition vehicle must of the most significant parts of such complete one or more business combinations 5 The amended Section 119 standards are the statements. having an aggregate fair market value of at least same as the amended standards adopted by Nasdaq 80% of the value of the deposit account; and that in IM–5101–2 in December 2010. See Securities each business combination must be approved by a Exchange Act Release No. 63607 (December 23, 1 15 U.S.C. 78s(b)(1). majority of the acquisition vehicle’s independent 2010), 75 FR 82420 (December 30, 2010) (SR– 2 17 CFR 240.19b–4. directors. NASDAQ–2010–137).

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of the Act,6 in general, and furthers the the date of filing. However, Rule 19b– Internet Web site (http://www.sec.gov/ objectives of Section 6(b)(5) of the Act,7 4(f)(6)(iii) 11 permits the Commission to rules/sro.shtml). Copies of the in particular, in that it is designed to designate a shorter time if such action submission, all subsequent prevent fraudulent and manipulative is consistent with the protection of amendments, all written statements acts and practices, to promote just and investors and the public interest. The with respect to the proposed rule equitable principles of trade, to remove Exchange has requested that the change that are filed with the impediments to and perfect the Commission waive the 30-day operative Commission, and all written mechanism of a free and open market delay period. The Commission hereby communications relating to the and a national market system, and, in grants the request. The Commission proposed rule change between the general, to protect investors and the notes that the Exchange’s proposal is Commission and any person, other than public interest. The Exchange believes nearly identical to the rules of another those that may be withheld from the the proposed rule change is consistent exchange, which were subject to notice public in accordance with the with these requirements in that it and comment and approved by the provisions of 5 U.S.C. 552, will be imposes additional requirements on Commission.12 Therefore, the acquisition vehicles, which are designed Commission believes it is consistent available for Web site viewing and to protect investors and the public with the protection of investors and the printing in the Commission’s Public interest and prevent fraudulent and public interest to waive the 30-day Reference Room, 100 F Street, NE., manipulative acts and practices on the operative delay and designates the Washington, DC 20549, on official part of acquisition vehicles and their proposal as operative upon filing.13 business days between the hours of 10 promoters. At any time within 60 days of the a.m. and 3 p.m. Copies of such filing filing of the proposed rule change, the also will be available for inspection and B. Self-Regulatory Organization’s Commission summarily may copying at the principal office of the Statement on Burden on Competition temporarily suspend such rule change if Exchange. All comments received will The Exchange does not believe that it appears to the Commission that such be posted without change; the the proposed rule change will impose action is necessary or appropriate in the Commission does not edit personal any burden on competition that is not public interest, for the protection of identifying information from necessary or appropriate in furtherance investors, or otherwise in furtherance of submissions. You should submit only of the purposes of the Act. the purposes of the Act.14 information that you wish to make C. Self-Regulatory Organization’s IV. Solicitation of Comments available publicly. All submissions should refer to File Number SR– Statement on Comments on the Interested persons are invited to NYSEAmex–2011–04 and should be Proposed Rule Change Received From submit written data, views, and Members, Participants, or Others arguments concerning the foregoing, submitted on or before February 18, No written comments were solicited including whether the proposed rule 2011. or received with respect to the proposed change is consistent with the Act. For the Commission, by the Division of rule change. Comments may be submitted by any of Trading and Markets, pursuant to delegated 15 III. Date of Effectiveness of the the following methods: authority. Proposed Rule Change and Timing for Electronic Comments Elizabeth M. Murphy, Commission Action • Use the Commission’s Internet Secretary. The foregoing rule change has become comment form (http://www.sec.gov/ [FR Doc. 2011–1856 Filed 1–27–11; 8:45 am] effective pursuant to Section 19(b)(3)(A) rules/sro.shtml;) or BILLING CODE 8011–01–P of the Act 8 and Rule 19b–4(f)(6) 9 • Send an e-mail to rule- thereunder because the proposal does [email protected]. Please include File not: (i) Significantly affect the Number SR–NYSEAmex–2011–04 on protection of investors or the public the subject line. interest; (ii) impose any significant Paper Comments burden on competition; and (iii) by its terms, become operative for 30 days • Send paper comments in triplicate from the date on which it was filed, or to Elizabeth M. Murphy, Secretary, such shorter time as the Commission Securities and Exchange Commission, may designate if consistent with the 100 F Street, NE., Washington, DC protection of investors and the public 20549–1090. interest.10 All submissions should refer to File A proposed rule change filed under Number SR–NYSEAmex–2011–04. This Rule 19b–4(f)(6) normally may not file number should be included on the become operative prior to 30 days after subject line if e-mail is used. To help the Commission process and review your 6 15 U.S.C. 78f(b). comments more efficiently, please use 7 15 U.S.C. 78f(b)(5). only one method. The Commission will 8 15 U.S.C. 78s(b)(3)(A). post all comments on the Commission’s 9 17 CFR 240.19b–4(f)(6). 10 In addition, Rule 19b–4(f)(6)(iii) requires the 11 Exchange to give the Commission written notice of 17 CFR 240.19b–4(f)(6)(iii). the Exchange’s intent to file the proposed rule 12 See Nasdaq IM–5101–2 and supra note 5. change, along with a brief description and text of 13 For purposes only of waiving the operative the proposed rule change, at least five business days delay for this proposal, the Commission has prior to the date of filing of the proposed rule considered the proposed rule’s impact on change, or such shorter time as designated by the efficiency, competition, and capital formation. See Commission. The Exchange has satisfied this 15 U.S.C. 78c(f). requirement. 14 15 U.S.C. 78s(b)(3)(C). 15 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE 23 to the Plan and proposes to establish provision of Plan data to COMMISSION a broker-dealer enterprise maximum nonprofessional subscribers and would (the ‘‘Enterprise Maximum’’) in respect facilitate their ability to budget their [Release No. 34–63754; File No. S7–24–89] of fees that the broker-dealer is required market data expenditures. to pay for distribution of UTP Level 1 Joint Industry Plan; Notice of Filing B. Governing or Constituent Documents and Immediate Effectiveness of Service to nonprofessional subscribers Amendment No. 23 to the Joint Self- that are brokerage account customers of Not applicable. Regulatory Organization Plan the broker/dealer. The Commission is C. Implementation of Amendment Governing the Collection, publishing this notice to solicit Consolidation and Dissemination of comments from interested persons on The Participants propose to apply the Quotation and Transaction Information the proposed Amendment. monthly Enterprise Maximum to qualifying broker/dealers commencing for Nasdaq-Listed Securities Traded on I. Rule 608(a) Exchanges on an Unlisted Trading with the month of January 2011. Privileges Basis Submitted by the A. Purpose of the Amendments D. Development and Implementation BATS Exchange, Inc., Chicago Board The Participants propose to establish Phases Options Exchange, Incorporated, the Enterprise Maximum mentioned Not applicable. Chicago Stock Exchange, Inc., EDGA above. The proposed Enterprise Exchange, Inc., EDGX Exchange, Inc., Maximum would apply in respect of E. Analysis of Impact on Competition Financial Industry Regulatory each entitlement system of an entity that The proposed amendment does not Authority, Inc., International Securities is registered as a broker/dealer under impose any burden on competition that Exchange LLC, NASDAQ OMX BX, Inc., the Securities Exchange Act of 1934. is not necessary or appropriate in NASDAQ OMX PHLX, Inc., Nasdaq For each entitlement system, it would furtherance of the purposes of the Stock Market LLC, National Stock limit the monthly maximum amount of Exchange, Inc., New York Stock Exchange Act. The Participants do not fees that such a broker/dealer would be believe that the proposed plan Exchange LLC, NYSE Amex, Inc., and required to pay for distribution of UTP NYSE Arca, Inc. amendment introduces terms that are Level 1 Service to nonprofessional unreasonably discriminatory for the January 21, 2011. subscribers that are brokerage account purposes of Section 11A(c)(1)(D) of the Pursuant to Rule 608 of the Securities customers of the broker/dealer. Exchange Act. Exchange Act of 1934 (the ‘‘Act’’) 1 Exhibit 2 to the Plan defines F. Written Understanding or Agreements notice is hereby given that on December ‘‘nonprofessional subscriber’’ as a relating to Interpretation of, or 15, 2010, the operating committee natural person who is neither: Participation in, Plan (‘‘Operating Committee’’ or (A) registered or qualified in any ‘‘Committee’’) 2 of the Joint Self- capacity with the Commission, the The Participants have no written Regulatory Organization Plan Governing Commodities [sic] Futures Trading understandings or agreements relating the Collection, Consolidation, and Commission, any state securities to interpretation of the Plan as a result Dissemination of Quotation and agency, any securities exchange or of the amendment. association or any commodities or Transaction Information for Nasdaq- G. Approval by Sponsors in Accordance Listed Securities Traded on Exchanges futures contract market or association; with Plan on an Unlisted Trading Privilege Basis (B) engaged as an ‘‘investment (‘‘Nasdaq/UTP Plan’’ or ‘‘Plan’’) filed adviser’’ as that term is defined in Each of the Plan’s Participants has with the Securities and Exchange Section 202(a)(11) of the Investment executed a written amendment to the Commission (‘‘Commission’’) an Advisors Act of 1940 (whether or not Plan. 3 registered or qualified under that Act); amendment to the Plan. This H. Description of Operation of Facility amendment represents Amendment No. nor (C) employed by a bank or other Contemplated by the Proposed Amendment 1 17 CFR 242.608. organization exempt from registration 2 The Plan Participants (collectively, under federal or state securities laws to Not applicable. ‘‘Participants’’) are the: BATS Exchange, Inc. perform functions that would require (‘‘BATS’’); Chicago Board Options Exchange, registration or qualification if such I. Terms and Conditions of Access Incorporated (‘‘CBOE’’); Chicago Stock Exchange, Inc. (‘‘CHX’’); EDGA Exchange, Inc. (‘‘EDGA’’); EDGX functions were performed for an See Item I(A) above. organization not so exempt. Exchange, Inc. (‘‘EDGX’’); Financial Industry J. Method of Determination and Regulatory Authority, Inc. (‘‘FINRA’’); International For calendar year 2010, the Securities Exchange LLC (‘‘ISE’’); NASDAQ OMX Participants propose to set the monthly Imposition, and Amount of, Fees and BX, Inc. (‘‘BX’’); NASDAQ OMX PHLX, Inc. Charges (‘‘PHLX’’); Nasdaq Stock Market LLC (‘‘Nasdaq’’); Enterprise Maximum at $600,000 per National Stock Exchange, Inc. (‘‘NSX’’); New York entitlement system. For each subsequent The Participants believe that the level Stock Exchange LLC (‘‘NYSE’’); NYSE Amex, Inc. calendar year, the Enterprise Maximum of the fee allows broker/dealers to (‘‘NYSEAmex’’); and NYSE Arca, Inc. (‘‘NYSEArca’’). would increase by the percentage contribute an appropriate amount for 3 The Plan governs the collection, processing, and dissemination on a consolidated basis of quotation increase in the annual composite share the market data services that they information and transaction reports in Eligible volume for the preceding calendar year, provide to nonprofessional subscribers. Securities for each of its Participants. This subject to a maximum annual increase By capping the monthly amount payable consolidated information informs investors of the of five percent. However, the in respect of nonprofessional current quotation and recent trade prices of Nasdaq securities. It enables investors to ascertain from one amendment would allow the subscribers, the Enterprise Maximum data source the current prices in all the markets Participants to determine to waive the would both reduce the fees otherwise trading Nasdaq securities. The Plan serves as the increase for any calendar year. payable by broker/dealers with required transaction reporting plan for its The Enterprise Maximum would significant numbers of nonprofessional Participants, which is a prerequisite for their trading Eligible Securities. See Securities Exchange enable broker/dealers with significant subscribers and enable those broker/ Act Release No. 55647 (April 19, 2007) 72 FR 20891 numbers of nonprofessional subscribers dealers to forecast their market data (April 26, 2007). to limit their costs in respect of their expenditures more efficiently.

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The Participants believe that the All submissions should refer to File Accountability Responsibility and proposed Enterprise Maximum is fair Number S7–24–89. This file number Disclosure Act of 2009, SBA submits the and reasonable and provides for an should be included on the subject line meeting minutes for the third meeting of equitable allocation of dues, fees, and if e-mail is used. To help the the Small Business Information Security other charges among vendors, data Commission process and review your Task Force. Chairman, Rusty Pickens, recipients and other persons using the comments more efficiently, please use called the meeting to order on December Participants’ facilities. only one method. The Commission will 8, 2010 at 1 p.m. Roll call was taken and post all comments on the Commission’s a quorum was established. Mr. Pickens K. Method and Frequency of Processor website (http://www.sec.gov/rules/ reported on developments since the last Evaluation sro.shtml). Copies of the submission, all meeting, noting first that comments Not applicable. written statements with respect to the received on the draft work plan had L. Dispute Resolution proposed Plan amendment that are filed been incorporated to add new subject with the Commission, and all written areas for academics and technology. Not applicable. communications relating to the Also, Mr. Erdle had prepared a one page II. Rule 601(a) proposed Plan amendment between the document describing available technical Commission and any person, other than certifications for small businesses that A. Reporting Requirements those that may be withheld from the he provided to Mr. Pickens as a starting Not applicable. public in accordance with the point for collating data on security provisions of 5 U.S.C. 552, will be certification and training. Mr. Pickens B. Manner of Collecting, Processing, available for website viewing and undertook to provide the document to Sequencing, Making Available and printing in the Commission’s Public the group in advance of the next Disseminating Last Sale Information Reference Room on official business meeting for review and discussion at the Not applicable. days between the hours of 10 a.m. and meeting. Subsequently, Mr. Pickens 3 p.m. Copies of the filing also will be reported on his telephone conversation C. Manner of Consolidation available for website viewing and with Mr. Bob Russo of the PCI Security Not applicable. printing at the Office of the Secretary of Standards Council (PCI SSC) to explore the Committee, currently located at the the possibility of having Mr. Russo brief D. Standards and Methods Ensuring CBOE, 400 S. LaSalle Street, Chicago, IL the Task Force on the Council’s work, Promptness, Accuracy and 60605. All comments received will be and of having the PCI SSC conduct a Completeness of Transaction Reports posted without change; the Commission webinar for the Task Force in the Spring Not applicable. does not edit personal identifying of 2011 on credit card security issues for E. Rules and Procedures Addressed to information from submissions. You small businesses. The group then Fraudulent or Manipulative should submit only information that engaged in an open discussion regarding Dissemination you wish to make available publicly. All the collection and organization of the submissions should refer to File data to be included in the Task Force Not applicable. Number S7–24–89 and should be report. Additional subject areas were F. Terms of Access to Transaction submitted on or before February 18, proposed for potential inclusion, such Reports 2011. as government contracting security requirements, protection of customer Not applicable. For the Commission, by the Division of Trading and Markets, pursuant to delegated privacy, and security certification and G. Identification of Marketplace of authority.4 training applicable to both small Execution Elizabeth M. Murphy, business employees and contractors. Not Applicable. Secretary. Ms. Marx noted that as the Task Force [FR Doc. 2011–1857 Filed 1–27–11; 8:45 am] objective originated from the Credit III. Solicitation of Comments Card Act, a useful starting point for BILLING CODE 8011–01–P The Commission seeks general reviewing information available to assist comments on Amendment No. 23. small merchants would be the Payment Card Industry Security Standards, Interested persons are invited to submit SMALL BUSINESS ADMINISTRATION written data, views, and arguments which lay out the requirements for concerning the foregoing, including Small Business Information Security protecting credit card data. The group whether the proposal is consistent with Task Force endorsed Mr. Pickens’ proposal for a the Act. Comments may be submitted by PCI Standards briefing and webinar; in AGENCY: U.S. Small Business any of the following methods: addition, Ms. Marx offered to provide Administration. the group with a link to the PCI SSC’s Electronic Comments ACTION: Notice of meeting minutes. recently launched small business • website dedicated to online credit card Use the Commission’s Internet SUMMARY: The SBA is issuing this notice security. comment form (http://www.sec.gov/ to publish meeting minutes for the Before concluding the meeting, the rules/sro.shtml); or Small Business Information Security • group discussed next steps in organizing Send an e-mail to rule- Task Force Meeting. [email protected]. Please include File the work plan. Mr. Pickens asked for DATES: 1 p.m., Wednesday, December 8, Number S7–24–89 on the subject line. volunteers to adopt each of the broad 2010. subject matter categories already Paper Comments ADDRESSES: The meeting was held via identified by the group and to flesh • Send paper comments in triplicate teleconference. them out with more detail for review at to Elizabeth M. Murphy, Secretary, SUPPLEMENTARY INFORMATION: Pursuant the next meeting Members duly Securities and Exchange Commission, to section 507(i)(4)(A) of the Credit Card volunteered for certain identified 100 F Street, NE., Washington, DC subject areas and Mr. Pickens agreed to 20549–1090. 4 17 CFR 200.30–3(a)(27). suggest other members to accept

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responsibility for the remaining areas at 2011. Individuals can obtain copies of Frequency of Response: 1. a later date. the collection instruments by calling the Average Burden Per Response: 30 The next meeting date was SSA Reports Clearance Officer at 410– minutes. determined before the meeting was 965–8783 or by writing to the above e- Estimated Annual Burden: 126,500 adjourned at 1:49 p.m. mail address. hours. FOR FURTHER INFORMATION CONTACT: 1. Statement Regarding the Inferred 3. Electronic Benefit Verification Rusty Pickens, Special Consultant to the Death of an Individual by Reason of Information (BEVE)—20 CFR 401.40— Office of the CIO, U.S. Small Business Continued and Unexplained Absence— 0960–0595. The electronic proof of Administration, [email protected]. 20 CFR 404.720–721—0960–0002. income (POI) verification Internet Section 202(d)–(i) of the Social Security service, BEVE, provides SSI recipients, Paul T. Christy, Act (Act) provides for the payment of Social Security beneficiaries, and SBA Chief Information Officer. various monthly survivor benefits and a Medicare beneficiaries the convenience lump sum death payment to certain [FR Doc. 2011–1849 Filed 1–27–11; 8:45 am] of requesting a POI statement through survivors upon the death of an BILLING CODE 8025–01–P the Internet. Beneficiaries and SSI individual who dies while fully or recipients often require POI to obtain currently insured. In cases where housing, food stamps, or other public insured wage earners have been absent SOCIAL SECURITY ADMINISTRATION services. After verifying the requestor’s from their homes for at least seven identity, SSA uses the information from years, and there is no evidence these Agency Information Collection BEVE to provide the POI statement. The individuals are alive, SSA may presume Activities: Proposed Request and respondents are Social Security they are deceased and pay their Comment Request beneficiaries, Medicare beneficiaries, survivors the appropriate benefits. SSA The Social Security Administration uses the information from Form SSA– and SSI recipients. (SSA) publishes a list of information 723 to determine if we may presume a Type of Request: Revision of an OMB- collection packages requiring clearance missing wage earner is deceased, and if approved information collection. by the Office of Management and so, establish a date of presumed death. Number of Respondents: 870,958. Budget (OMB) in compliance with The respondents are relatives, friends, Frequency of Response: 1. Public Law 104–13, the Paperwork neighbors, or acquaintances of the Average Burden per Response: 5 Reduction Act of 1995, effective October presumed deceased wage earner or the minutes. 1, 1995. This notice includes revisions person who is filing for survivors Estimated Annual Burden: 72,580 to OMB-approved information benefits. hours. collections. Type of Request: Revision of an OMB- II. SSA submitted the information SSA is soliciting comments on the approved information collection. collections listed below to OMB for accuracy of the agency’s burden Number of Respondents: 3,000. clearance. Your comments on the estimate; the need for the information; Frequency of Response: 1. information collections would be most its practical utility; ways to enhance its Average Burden per Response: 30 useful if OMB and SSA receive them quality, utility, and clarity; and ways to minutes. within 30 days from the date of this Estimated Annual Burden: 1,500 minimize burden on respondents, publication. To be sure we consider hours. including the use of automated your comments, we must receive them collection techniques or other forms of 2. Questionnaire for Children Claiming SSI Benefits—20 CFR no later than February 28, 2011. You information technology. Mail, e-mail, or can obtain a copy of the OMB clearance fax your comments and 416.912(a)—0960–0499. Section 1631(d)(2) of the Act allows SSA to packages by calling the SSA Reports recommendations on the information Clearance Officer at 410–965–8783 or by collection(s) to the OMB Desk Officer collect information to determine the eligibility of an applicant’s claim for writing to the above e-mail address. and SSA Reports Clearance Officer at 1. Advanced Notice of Termination of the following addresses or fax numbers. Supplemental Security Income (SSI) payments. Parents or legal guardians Child’s Benefits & Student’s Statement (OMB) Office of Management and seeking to obtain or retain SSI eligibility Regarding School Attendance—20 CFR Budget, Attn: Desk Officer for SSA. for their children use Form SSA–3881– 404.350–404.352, 404.367–404.368— Fax: 202–395–6974. E-mail address: 0960–0105. SSA collects information on _ BK to provide SSA with the addresses OIRA [email protected]. of non-medical sources such as schools, Forms SSA–1372–BK and SSA–1372– (SSA) Social Security Administration, counselors, agencies, organizations, or BK–FC to determine whether children DCBFM, Attn: Reports Clearance therapists who would have information of an insured worker meet the eligibility Officer, 1333 Annex Building, 6401 about a child’s functioning. SSA uses requirements for student benefits. The Security Blvd., Baltimore, MD 21235. this information to help determine a data we collect allows SSA to determine Fax: 410–965–6400. E-mail address: child’s claim or continuing eligibility student entitlement and decide whether [email protected]. for SSI. The respondents are applicants to terminate benefits. The respondents I. The information collections below who appeal SSI childhood disability are student claimants for Social Security are pending at SSA. SSA will submit decisions or recipients undergoing a benefits, their respective schools, and in them to OMB within 60 days from the continuing disability review. some cases, their representative payees. date of this notice. To be sure we Type of Request: Extension of an Type of Request: Revision of an OMB- consider your comments, we must OMB-approved information collection. approved information collection. receive them no later than March 29, Number of Respondents: 253,000. SSA–1372–BK:

Average bur- Type of Number of Frequency of den per re- Total annual respondent respondents response sponse burden (minutes) (hours)

Individuals/Households ...... 99,850 1 8 13,313

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Average bur- Type of Number of Frequency of den per re- Total annual respondent respondents response sponse burden (minutes) (hours)

State/Local/Tribal Government ...... 99,850 1 3 4,993

Totals ...... 199,700 ...... 18,306

SSA–1372–BK–FC:

Average bur- Type of Number of Frequency of den per re- Total annual respondent respondents response sponse burden (minutes) (hours)

Individuals/Households ...... 150 1 8 20 State/Local/Tribal Government ...... 150 1 3 8

Totals ...... 300 ...... 28

Total Burden: 18,334 hours. assists us in determining if we should Type of Request: Revision of an OMB- 2. Agreement to Sell Property—20 continue SSI payments or change a approved information collection. CFR 416.1240–416.1245—0960–0127. payment amount. The respondents are Number of Respondents: 90,000. Individuals or couples who are applicants for or recipients of SSI Frequency of Response: 1. otherwise eligible for SSI payments, but payments, or their representative whose resources exceed the allowable payees. Average Burden per Response: 8 limit, may receive conditional payments Type of Request: Revision of an OMB- minutes. if they agree to dispose of the excess approved information collection. Estimated Annual Burden: 12,000 non-liquid resources and (in the case of Number of Respondents: 27,320. hours. current recipients) return excess SSI Frequency of Response: 1. 5. Epidemiological Research Report— payments. SSA uses Form SSA–8060– Average Burden per Response: 5 20 CFR 401.165—0960–0701. Section U3 to document this agreement and to minutes. 311 of the Social Security Independence ensure the individuals understand their Estimated Annual Burden: 2,277 and Program Improvements Act of 1994 obligations. Respondents are applicants hours. directs SSA to provide support to health for and recipients of SSI payments who 4. Modified Benefit Formula researchers involved in epidemiological agree to dispose of excess non-liquid Questionnaire—0960–0395. Sections research. Specifically, when we resources and return excess SSI 215(a)(7) and 215(d)(3) of the Act determine a study contributes to a payments. specify how SSA computes benefits for national health interest, SSA furnishes Type of Request: Revision of an OMB- retired and disabled workers receiving information to determine whether a approved information collection. employment pensions not covered by study subject appears in SSA Number of Respondents: 20,000. administrative records as alive or Frequency of Response: 1. Social Security. This is the Windfall Average Burden per Response: 10 Elimination Provision (WEP), which deceased (vital status). SSA charges a minutes. removes an unintended advantage in small fee per request for providing this Estimated Annual Burden: 3,333 computing Social Security benefits for information. Web-posted questions hours. persons with substantial pensions from solicit the information SSA needs to 3. Reporting Events—SSI—20 CFR non-covered employment. SSA collects provide the data and to collect the fees. 416.701–.732—0960–0128. SSI information on Form SSA–150 to The requestors are scientific researchers applicants, recipients, or their determine the correct formula to use in who are applying to receive vital status representative payees must report any computing the Social Security benefits information about individuals from change in circumstances that could for pensions subject to WEP. The Social Security administrative data affect eligibility for SSI payments or the respondents are applicants for title II records. payment amount. SSA uses Form SSA– benefits who have pensions from non- Type of Request: Revision of an OMB- 8150 for this purpose. The information covered employment. approved information collection.

Average bur- Type of Number of Frequency of den per re- Total annual respondent respondents response sponse burden (minutes) (hours)

State & Local Government ...... 15 1 120 30 Private Entities ...... 13 1 120 26 Federal Entities ...... 2 1 120 4

Totals ...... 30 ...... 60

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Cost Burden 7201 of the Omnibus Budget 1. Section 1631(f) of the Social Average annual cost per respondent Reconciliation Act of 1990 (Pub. L. 101– Security Act (Act) (42 U.S.C. 1383(f)) (based on SSA data): $3,665. 508) further amended the Privacy Act provides that ‘‘[t]he head of any Federal Total estimated annual cost burden: regarding protections for such persons. agency shall provide such information $109,950. The Privacy Act, as amended, as the Commissioner of Social Security regulates the use of computer matching needs for the purposes of determining Dated: January 25, 2011. by Federal agencies when records in a eligibility for or amount of benefits or Faye Lipsky, system of records are matched with verifying information with respect Reports Clearance Officer, Center for Reports other Federal, State, or local government thereto.’’ Clearance, Social Security Administration. records. It requires Federal agencies 2. Section 1631(e)(1)(B) of the Act (42 [FR Doc. 2011–1924 Filed 1–27–11; 8:45 am] involved in computer matching U.S.C. 1383(e)) provides that Social BILLING CODE 4191–02–P programs to: Security is required to verify eligibility (1) Negotiate written agreements with of a recipient or applicant for SSI using the other agency or agencies independent or collateral sources. SOCIAL SECURITY ADMINISTRATION participating in the matching programs; 3. Section 224(h) of the Act (42 U.S.C. [Docket No. SSA 2010–0082] (2) Obtain the approval of the 424a(h)) provides that Social Security is matching agreement by the Data entitled to review information to Privacy Act of 1974, as Amended; Integrity Boards (DIB) of the determine the amount of DI benefits and Computer Matching Program (SSA participating Federal agencies; to verify information with respect Internal Match)—Match Number 1014 (3) Publish notice of the computer thereto. matching program in the Federal 4. This agreement is subject to the AGENCY: Social Security Administration Register; (SSA) provisions of the Privacy Act of 1974, 5 (4) Furnish detailed reports about U.S.C. 552a, as amended, and the ACTION: Notice of a new computer matching programs to Congress and provisions of the Computer Matching matching program. OMB; and Privacy Protection Act of 1988. The (5) Notify applicants and beneficiaries Privacy Act provides that no record SUMMARY: In accordance with the that their records are subject to contained in a system of records may be provisions of the Privacy Act, as matching; and disclosed to a recipient agency or non- amended, this notice announces a new (6) Verify match findings before federal agency for use in a computer computer matching program that we are reducing, suspending, terminating, or matching program except pursuant to a conducting with ourselves. denying a person’s benefits or written agreement containing specific DATES: We will file a report of the payments. provisions. 5 U.S.C. 552a(o). The subject matching program with the B. SSA Computer Matches Subject to comparison of records that is the subject Committee on Homeland Security and the Privacy Act of this agreement constitutes a matching Governmental Affairs of the Senate; the program within the meaning of the Committee on Oversight and We have taken action to ensure that Privacy Act, 5 U.S.C. 552a(a)(8)(A). Government Reform of the House of all of our computer matching programs Representatives, and the Office of comply with the requirements of the D. Categories of Records and Persons Information and Regulatory Affairs, Privacy Act, as amended. Covered by the Matching Program Office of Management and Budget Dawn S. Wiggins, We will compare identifying (OMB). The matching program will be Acting Executive Director, Office of Privacy information from The Payroll, Leave effective as indicated below. and Disclosure, Office of the General Counsel. and Attendance Records (60–0238) last ADDRESSES: Interested parties may published on January 11, 2006, at 71 FR comment on this notice by either Notice of Computer Matching Program, SSA Internal Match 1856 with identifying information from telefaxing to (410) 966–0869 or writing The Master Files of Social Security to the Executive Director, Office of A. Participating Agency Number (SSN) Holders and SSN Privacy and Disclosure, Office of the SSA. Applications (60–0058) last published General Counsel, 617 Altmeyer on December 29, 2010, at 74 FR 62866; Building, 6401 Security Boulevard, B. Purpose of the Matching Program The Master Beneficiary Record (60– Baltimore, MD 21235–6401. All The purpose of this matching program 0090) last published on January 11, comments received will be available for is to establish the terms, conditions, and 2006, at 71 FR 1826; and The public inspection at this address. safeguards under which we will Supplemental Security Income Record FOR FURTHER INFORMATION CONTACT: The compare our current employee records and Special Veterans Benefits (60–0103) Executive Director, Office of Privacy of the Federal Personnel/Payroll System last published on January 11, 2006, at 71 and Disclosure, Office of the General with the Disability Income (DI) and FR 1830. Counsel as shown above. Supplemental Security Income (SSI) E. Inclusive Dates of the Matching SUPPLEMENTARY INFORMATION: beneficiaries/recipients through a Program periodic computerized comparison of A. General records. We will use this information to The effective date of this matching The Computer Matching and Privacy verify self-certification statements of program is March 10, 2011 provided Protection Act of 1988 (Pub. L. 100– income in order to verify continuing that the following notice periods have 503), amended the Privacy Act (5 U.S.C. eligibility and benefit amounts of lapsed: 30 days after publication of this 552a) by describing the conditions beneficiaries. notice in the Federal Register and 40 under which computer matching days after notice of the matching involving the Federal government could C. Authority for Conducting the program is sent to Congress and OMB. be performed and adding certain Matching Program The matching program will continue for protections for persons applying for, The legal authority for this agreement 18 months from the effective date and and receiving, Federal benefits. Section is as follows: may be extended for an additional 12

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months thereafter, if certain conditions FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF STATE are met. Direct requests for additional [Public Notice: 7314] [FR Doc. 2011–1810 Filed 1–27–11; 8:45 am] information regarding the collection BILLING CODE 4191–02–P listed in this notice, including requests Culturally Significant Objects Imported for copies of the information collection for Exhibition Determinations: ‘‘Upside and supporting documents, to Nicholas Down Arctic Realities’’ DEPARTMENT OF STATE Memos, PM/DDTC, SA–1, 12th Floor, SUMMARY: Directorate of Defense Trade Controls, Notice is hereby given of the [Public Notice: 7315] following determinations: Pursuant to Bureau of Political-Military Affairs, U.S. the authority vested in me by the Act of Department of State, Washington, DC, 60-Day Notice of Proposed Information October 19, 1965 (79 Stat. 985; 22 U.S.C. 20522–0112, who may be reached via Collection: Form DS–4071, Export 2459), Executive Order 12047 of March Declaration of Defense Technical Data phone at (202) 663–2804, or via e-mail 27, 1978, the Foreign Affairs Reform and or Services; OMB Control Number at [email protected]. Restructuring Act of 1998 (112 Stat. 1405–0157 SUPPLEMENTARY INFORMATION: We are 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of ACTION: Notice of request for public soliciting public comments to permit October 1, 1999, and Delegation of comments. the Department to: Authority No. 236–3 of August 28, 2000, • Evaluate whether the proposed I hereby determine that the objects to be SUMMARY: The Department of State is collection of information is necessary seeking Office of Management and included in the exhibition ‘‘Upside for the proper performance of our Down Arctic Realities,’’ imported from Budget (OMB) approval for the functions. information collection described below. abroad for temporary exhibition within • The purpose of this notice is to allow 60 Evaluate the accuracy of our the United States, are of cultural days for public comments in the Federal estimate of the burden of the proposed significance. The objects are imported Register preceding submission to OMB. collection, including the validity of the pursuant to loan agreements with the We are conducting this process in methodology and assumptions used. foreign owners or custodians. I also accordance with the Paperwork • Enhance the quality, utility, and determine that the exhibition or display of the exhibit objects at The Menil Reduction Act of 1995. clarity of the information to be • Collection, Houston, Texas, from on or Title of Information Collection: collected. about April 14, 2011, until on or about Export Declaration of Defense Technical • Data or Services. Minimize the reporting burden on July 17, 2011, and at possible additional • OMB Control Number: 1405–0157. those who are to respond, including the exhibitions or venues yet to be • Type of Request: Extension of use of automated collection techniques determined, is in the national interest. currently approved collection. or other forms of technology. I have ordered that Public Notice of • Originating Office: Bureau of Abstract of proposed collection: these Determinations be published in Political-Military Affairs, Directorate of Actual export of defense technical data the Federal Register. Defense Trade Controls, PM/DDTC. and defense services will be FOR FURTHER INFORMATION CONTACT: For • Form Number: DS–4071. electronically reported directly to the further information, including a list of • Respondents: Business and Directorate of Defense Trade Controls the exhibit objects, contact Paul W. nonprofit organizations. Manning, Attorney-Adviser, Office of • (DDTC). DDTC administers the Estimated Number of Respondents: International Traffic in Arms the Legal Adviser, U.S. Department of 8,100. Regulations (ITAR) and Section 38 of State (telephone: 202–632–6469). The • Estimated Number of Responses: the Arms Export Control Act (AECA). mailing address is U.S. Department of 15,000. State, SA–5, L/PD, Fifth Floor (Suite The actual exports must be in • Average Hours per Response: 30 5H03), Washington, DC 20522–0505. accordance with requirements of the minutes. Dated: January 24, 2011. • Total Estimated Burden: 7,500 ITAR and Section 38 of the AECA. Ann Stock, hours. DDTC will monitor the information to • Frequency: On occasion. ensure there is proper control of the Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. • Obligation to Respond: Mandatory. transfer of sensitive U.S. technology. [FR Doc. 2011–1961 Filed 1–27–11; 8:45 am] DATES: The Department will accept Methodology: Once the electronic comments from the public up to 60 days means are provided, the exporter will BILLING CODE 4710–05–P from January 28, 2011. electronically report directly to DDTC ADDRESSES: Comments and questions the actual export of defense technical DEPARTMENT OF STATE should be directed to Nicholas Memos, data and defense services using form Office of Defense Trade Controls Policy, DS–4071. DS–4071 will be available on [Public Notice 7313] Department of State, who may be DDTC’s Web site, http:// Culturally Significant Objects Imported reached via the following methods: www.pmddtc.state.gov. Currently, for Exhibition Determinations: ‘‘Pastel • E-mail: [email protected]. actual exports are reported via paper • Portraits: Images of 18th-Century Mail: Nicolas Memos, SA–1, 12th submission. Europe’’ Floor, Directorate of Defense Trade Dated: January 21, 2011. Controls, Bureau of Political-Military SUMMARY: Notice is hereby given of the Affairs, U.S. Department of State, Robert S. Kovac, following determinations: Pursuant to Washington, DC 20522–0112. Managing Director of Defense Trade Controls, the authority vested in me by the Act of • Fax: 202–261–8199. Bureau of Political-Military Affairs, U.S. October 19, 1965 (79 Stat. 985; 22 U.S.C. You must include the information Department of State. 2459), Executive Order 12047 of March collection title in the subject lines of [FR Doc. 2011–1955 Filed 1–27–11; 8:45 am] 27, 1978, the Foreign Affairs Reform and your message/letter. BILLING CODE 4710–25–P Restructuring Act of 1998 (112 Stat.

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2681, et seq.; 22 U.S.C. 6501 note, et FOR FURTHER INFORMATION CONTACT: Ms. Issued on: January 20, 2011. seq.), Delegation of Authority No. 234 of Ruth Rentch, Office of Project Victor M. Mendez, October 1, 1999, and Delegation of Development and Environmental Administrator. Authority No. 236–3 of August 28, 2000, Review, (202) 366–2034, Surface Transportation Project Delivery I hereby determine that the objects to be [email protected], or Mr. Michael Pilot Program included in the exhibition ‘‘Pastel Harkins, Office of the Chief Counsel, Portraits: Images of 18th-Century (202) 366–4928, Federal Highway Administration Audit of Europe,’’ imported from abroad for [email protected], Federal California Department of Transportation temporary exhibition within the United Highway Administration, Department of July 26–30, 2010 States, are of cultural significance. The Transportation, 1200 New Jersey Overall Audit Opinion objects are imported pursuant to loan Avenue, SE., Washington, DC 20590. Based on the information reviewed, it is agreements with the foreign owners or Office hours are from 8 a.m. to 4:30 the Federal Highway Administration (FHWA) custodians. I also determine that the p.m., e.t., Monday through Friday, audit team’s opinion that as of July 30, 2010, exhibition or display of the exhibit except Federal holidays. the California Department of Transportation objects at the Metropolitan Museum of SUPPLEMENTARY INFORMATION: (Caltrans) continued to make progress toward Art, New York, NY, from on or about meeting all responsibilities assumed under May 17, 2011, until on or about August Electronic Access the Surface Transportation Project Delivery Pilot Program (Pilot Program), as specified in 14, 2011, and at possible additional An electronic copy of this notice may the Memorandum of Understanding (MOU) 1 exhibitions or venues yet to be be downloaded from the Office of the with FHWA and in Caltrans’ Application for determined, is in the national interest. Federal Register’s home page at http:// Assumption (Application). Public Notice of these Determinations is www.archives.gov and the Government The FHWA commends Caltrans for its ordered to be published in the Federal Printing Office’s Web site at http:// implementation of corrective actions in Register. www.access.gpo.gov. response to previous FHWA audit report findings. The FHWA also observed that FOR FURTHER INFORMATION CONTACT: For Background Caltrans continued to identify and further information, including a list of implement on a statewide Pilot Program basis the exhibit objects, contact Carol B. Section 6005 of SAFETEA–LU best practices in use at individual Caltrans Epstein, Attorney-Adviser, Office of the (codified at 23 U.S.C. 327) established a Districts (Districts). Legal Adviser, U.S. Department of State pilot program to allow up to five States With the completion of FHWA’s fifth audit, (telephone: 202/632–6473). The address to assume the Secretary of Caltrans has now operated under the Pilot is U.S. Department of State, SA–5, L/PD, Transportation’s responsibilities for Program for 3 years. In compliance with the Fifth Floor, Washington, DC 20522– environmental review, consultation, or time specifications for the required audits, 0505. other actions under any Federal FHWA completed four semiannual audits in environmental law pertaining to the the first 2 years of State participation and has Dated: January 24, 2011. begun the annual audit cycle, beginning with review or approval of highway projects. Ann Stock, this audit, which was completed July 30, In order to be selected for the pilot 2010. Collectively, the FHWA audits have Assistant Secretary, Bureau of Educational program, a State must submit an and Cultural Affairs, Department of State. included on-site audits to 9 of the 12 Districts application to the Secretary. and to the Caltrans Regional Offices [FR Doc. 2011–1963 Filed 1–27–11; 8:45 am] On June 29, 2007, Caltrans and FHWA supporting the remaining 3 Districts. The BILLING CODE 4710–05–P entered into a Memorandum of audit team continues to identify significant Understanding (MOU) that established differences across the Districts in terms of the assignments to and assumptions of implementing Pilot Program policies, DEPARTMENT OF TRANSPORTATION procedures, and responsibilities. Examples of responsibility to Caltrans. Under the such differences include: Resource MOU, Caltrans assumed the majority of Federal Highway Administration availability and allocation; methods of FHWA’s responsibilities under the implementation; methods of process [FHWA Docket No. FHWA–2010–0151] National Environmental Policy Act, as evaluation and improvement; and levels of well as the FHWA’s responsibilities progress in meeting all assumed Surface Transportation Project under other Federal environmental laws responsibilities. It is the audit team’s opinion Delivery Pilot Program; Caltrans Audit for most highway projects in California. that the highly decentralized nature of Report To ensure compliance by each State operations across Districts continues to be a major contributing factor to the variations AGENCY: Federal Highway participating in the Pilot Program, 23 observed in the Pilot Program. As a result of Administration (FHWA), DOT. U.S.C. 327(g) requires the Secretary to this organizational structure, clear, conduct semiannual audits during each ACTION: Final report. consistent, and ongoing oversight by Caltrans of the first 2 years of State participation; Headquarters (HQ) over Districts’ SUMMARY: Section 6005 of the Safe, and annual audits during each implementation and operation of the Pilot Accountable, Flexible, Efficient subsequent year of State participation. Program responsibilities is necessary. A Transportation Equity Act: A Legacy for The results of each audit must be robust oversight program will help foster the presented in the form of an audit report exchange of information and the sharing of Users (SAFETEA–LU) established the best practices and resources between Surface Transportation Project Delivery and be made available for public Districts and will put the entire organization Pilot Program, codified at 23 U.S.C. 327. comment. The FHWA solicited in a better position to more fully implement To ensure compliance by each State comments on the fifth audit report in a all assumed responsibilities and to meet all participating in the Pilot Program, 23 Federal Register Notice published on Pilot Program commitments. U.S.C. 327(g) mandates semiannual December 3, 2010, at 75 FR 75532. The Due to the multiyear timeframes associated audits during each of the first 2 years of FHWA received no comments. This with more complex and controversial State participation. This final report notice provides the final draft of the projects, the full lifecycle of the environmental review aspect of project presents the findings from the fifth fifth FHWA audit report for Caltrans under the pilot program. FHWA audit of the California 1 Caltrans MOU between FHWA and Caltrans Department of Transportation (Caltrans) Authority: Section 6005 of Pub. L. 109–59; available at: http://environment.fhwa.dot.gov/ under the pilot program. 23 U.S.C. 315 and 327; 49 CFR 1.48. strmlng/safe_cdot_pilot.asp.

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development (proceeding from initiation of termination date into account by delaying responsibilities under the National environmental studies and concluding with actions on the development of the transition Environmental Policy Act (NEPA) for one or the issuance of a Record of Decision or plan by one year. more highway projects. Upon assigning equivalent decision document) has yet to be NEPA responsibilities, the Secretary may realized within the Pilot Program to date. Effective Practices further assign to the State all or part of the Caltrans continues to gain experience in The FHWA audit team observed the Secretary’s responsibilities for environmental understanding the resource requirements and following effective practices during the fifth review, consultation, or other action required processes necessary to administer its audit: under any Federal environmental law Program. It is the audit team’s opinion that 1. Caltrans HQ has sought out, shared, and pertaining to the review of a specific highway Caltrans needs to maintain this continuous implemented (or is implementing) best project. When a State assumes the Secretary’s process improvement to refine its approaches practices in use at the District level to use on responsibilities under this program, the State and use of resources to meet all Pilot Program a statewide basis. Examples include: becomes solely responsible and is liable for commitments, especially given the increasing (a) Use of a standard form to document carrying out the responsibilities it has resource demands associated with managing Class of Action determination; assumed, in lieu of the FHWA. ever-more complex and controversial projects (b) Use of the File Maker Pro To ensure compliance by each State under the Pilot Program. environmental database system to track participating in the Pilot Program, 23 U.S.C. Caltrans staff and management continue to projects and milestones; and 327(g) mandates that FHWA, on behalf of the request feedback from the FHWA audit team (c) Creation of a Section 4(f) point of Secretary, conduct semiannual audits during regarding program successes, best practices, contact in each District to serve as a technical each of the first 2 years of State participation; and areas in need of improvement. By resource for District staff. and annual audits during each subsequent addressing all findings in this report, 2. Use of monthly newsletters and e-mails year of State participation. The focus of the Caltrans will continue to move toward full from HQ environmental coordinators to FHWA audit process is four-fold: (1) To compliance with all assumed responsibilities inform District environmental staff of key assess a Pilot State’s compliance with the and Pilot Program commitments. issues, timely topics, and changes in required MOU and applicable Federal laws As of the conclusion of the fifth FHWA practices. and policies; (2) to collect information audit, Caltrans has participated in the Pilot 3. The Sacramento Legal Office needed to evaluate the success of the Pilot Program for 3 years. It is FHWA’s opinion permanently assumed responsibility for all Program; (3) to evaluate Pilot State progress that Caltrans has continued to improve its environmental law issues in two Districts in meeting its performance measures; and (4) processes and procedures and has benefited where staff turnover resulted in limited to collect information for use in the from participation in the Pilot Program. expertise to support legal sufficiency Secretary’s annual Report to Congress on the However, it also is FHWA’s opinion that reviews. As the number of legal sufficiency administration of the Pilot Program. while Caltrans participation in the Pilot reviews performed under the Pilot Program Additionally, 23 U.S.C. 327(g) requires Program has been successful thus far, it is has not been significant, concentrating FHWA to present the results of each audit in still functioning in a development context reviews amongst a key group of attorneys the form of an audit report published in the and has yet to reach full maturity. Ongoing should assist with a consistent level of Federal Register. This audit report must be repeat findings and program areas still in the review of environmental documents and the made available for public comment, and process of being developed or improved development of expertise under the Pilot FHWA must respond to public comments contributed to this opinion. Program. received no later than 60 days after the date 4. Development of an on-line training on which the period for public comment Requirement for Transition Plan course on Section 4(f) determinations that is closes. The Safe, Accountable, Flexible, Efficient nearing completion. Caltrans published its draft Application to Transportation Equity Act: A Legacy for 5. Expansion of the scope of the Caltrans participate in the Pilot Program on March 14, Users (SAFETEA–LU) Section 6005(a) self-assessment process to include review of 2007, and made it available for public established the Pilot Program, codified at 23 Pilot Program areas identified as potential comment for 30 days. After considering U.S.C. 327. Under the provisions of 23 U.S.C. weaknesses by HQ Environmental public comments, Caltrans submitted its 327(i)(1), as enacted in SAFETEA–LU, ‘‘the Coordinators. Application to FHWA on May 21, 2007, and program shall terminate on the date that is 6. A variety of approaches are being used FHWA, after soliciting the views of Federal 6 years after the date of enactment of this by individual Districts to capture, track, and agencies, reviewed and approved the section’’ which will be August 10, 2011. ensure that environmental commitments Application. Then on June 29, 2007, Caltrans Additionally, the MOU between FHWA and identified in environmental documents are and FHWA entered into an MOU that Caltrans contains a provision designed to being met. Identified District specific established the assignments to and implement 23 U.S.C. 327(i), as enacted by approaches used to accomplish this include: assumptions of responsibility to Caltrans, SAFETEA–LU. Specifically, the provision (a) Training environmental staff in which became effective July 1, 2007. Under provides that Caltrans and FHWA must environmental commitments tracking; the MOU, Caltrans assumed the majority of jointly ‘‘develop a plan to transition the (b) Dedicating resources to track FHWA’s responsibilities under NEPA, as responsibilities that Caltrans has assumed commitments, ensuring that the well as FHWA’s responsibilities under other back to the FHWA so as to minimize commitments are circulated at key stages of Federal environmental laws for most disruption to the project, minimize confusion the project cycle, and checking that the highway projects in California. to the public, minimize burdens to other commitments have been met at the Scope of the Audit affected Federal, State, and local agencies, completion of a project; and, ensure, to the maximum extent possible, (c) Using dedicated formats to capture, This is the fifth FHWA audit of Caltrans Caltrans will be able to complete by August describe, and ensure that environmental participation in the Pilot Program. The on- 10, 2011, all anticipated environmental commitments are transferred and site portion of the audit was conducted in approvals.’’ The MOU further provides that incorporated into contract documents; California from July 26 through July 30, 2010. the transition plan must be completed and (d) Requiring environmental awareness As required in SAFETEA–LU, each FHWA approved by both Caltrans and FHWA no training for construction personnel prior to audit must assess compliance with the roles later than March 10, 2011. In the section the start of construction; and and responsibilities assumed by the Pilot 2203(c) of the Surface Transportation (e) Training appropriate staff on State in the MOU. The audit also includes Extension Act of 2010, Part II, Public Law incorporation of environmental commitments recommendations to assist Caltrans in 111–322, Congress modified 23 U.S.C. into plan, specification, and estimate successful participation in the Pilot Program. 327(i)(1) by extending the program packages. The audit primarily focused on assessing termination date to 7 years after the date of compliance with assumed responsibilities. enactment of SAFETEA–LU. As a result of Background Key Pilot Program areas evaluated during this this amendment, the program termination The Pilot Program allows the Secretary of audit included: date is now August 10, 2012. The MOU will Transportation (Secretary) to assign, and the • Section 4(f) process determination and need to be amended to take this new State to assume, the Secretary’s documentation;

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• The reevaluation process; • FHWA Office of Project Development responsibilities assumed under the Pilot • The impact of furloughs and loss of staff; and Environmental Review. Program for these project situations. • Project files; • FHWA Office of the Chief Counsel. • Insufficient data to determine time • Resource agency consultation and • FHWA Alaska Division Office. savings reported by Caltrans in the coordination; • FHWA Resource Center Environmental completion of environmental documents. • Training; Team. Due to the short period of time that the Pilot • Quarterly reports; • Volpe National Transportation Systems Program has been in place, a sufficient • Quality Assurance Quality Control (QA/ Center. number of projects of varying complexities QC) process; and • FWS. have not been completed to adequately • NEPA process documentation. During the onsite audit, FHWA support a determination on the potential time Prior to the on-site audit, FHWA interviewed more than 70 staff from 6 District savings resulting from participation in the completed telephone interviews with Federal offices and the USACE and FWS. The audit Pilot Program. resource agency staff at the U.S. Army Corps team also reviewed project files and records • Distinction between the two Categorical of Engineers (USACE), the National Park for over 80 projects managed by Caltrans Exclusion (CE) assumption processes— Service, the National Oceanic and under the Pilot Program. Section 6004 and Section 6005. Since the Atmospheric Administration, the Advisory The FHWA acknowledges that Caltrans assumption by Caltrans of the SAFETEA–LU Council on Historic Preservation, and the identified specific issues during its fifth self- Section 6004 CE process is not a part of these Environmental Protection Agency. The on- assessment performed under the Pilot audits, it is not possible to validate the site audit included visits to the Caltrans Program (required by MOU section 8.2.6), correctness of determinations placing Offices in District 3/North Region and is working on corrective actions to individual CEs under the aegis of each (Marysville), District 4 (Oakland), District 5 address the identified issues. Some issues assumed responsibility. (San Luis Obispo), District 7 (Los Angeles), described in the Caltrans self-assessment may • Continued errors in the quarterly reports. District 8 (San Bernardino), and District 12 overlap with FHWA findings identified in The quarterly reports prepared by Caltrans (Irvine). Additionally, FHWA auditors visited this audit report. listing all environmental approvals and the Sacramento offices of the USACE and In accordance with MOU Section 11.4.1, decisions made under the Pilot Program U.S. Fish and Wildlife Service (FWS) to FHWA provided Caltrans with a 30-day continue to contain omissions and errors. As interview staff. comment period to review this draft audit a result, it is difficult for FHWA to exercise This report documents findings within the report. The FHWA reviewed comments full oversight on Pilot Program projects scope of the audit as of the completion date received from Caltrans and revised sections unless a complete accounting of all NEPA of the on-site audit on July 30, 2010. of the draft report, where appropriate, prior documents produced under the Pilot is Audit Process and Implementation to publishing it in the Federal Register for available and taken into account during the The intent of each FHWA audit completed public comment. FHWA audit. under the Pilot Program is to ensure that each Limitations of the Audit Status of Findings Since Last Audit (July Pilot State complies with the commitments The conclusions presented in this report 2009) in its MOU with FHWA. The FHWA does not are opinions based upon interviews of As part of the fifth audit, FHWA evaluated evaluate specific project-related decisions selected persons knowledgeable about past the corrective actions implemented by made by the State because these decisions are Caltrans in response to the ‘‘Deficient’’ and the sole responsibility of the Pilot State. and current activities related to the execution ‘‘ ’’ However, the FHWA audit scope does of the Pilot Program at Caltrans, and a review Needs Improvement findings in the fourth include the review of the processes and of selected documents over a limited time FHWA audit report. procedures (including documentation) used period. The FHWA audit team’s ability to 1. Quarterly Reports—The quarterly reports by the Pilot State to reach project decisions conduct each audit and make determinations Caltrans provided to FHWA under MOU in compliance with MOU Section 3.2. of Caltrans’ compliance with assumed Section 8.2.7 continued to include In addition, Caltrans committed in its responsibilities and commitments under the inaccuracies related to environmental Application (incorporated by reference in Pilot Program has been further limited by the document approvals and decisions made following: under the Pilot Program. The FHWA does MOU Section 1.1.2) to implement specific • processes to strengthen its environmental Select Districts visited by FHWA audit acknowledge that Caltrans is in the process procedures in order to assume the team. The FHWA audit team has not visited of implementing the File Maker Pro responsibilities assigned by FHWA under the each District during the audit process. Each environmental database system on a Pilot Program. The FHWA audits review how audit (including this audit) has consisted of statewide basis to assist in the developing of Caltrans is meeting each commitment and visits to Districts with significant activity a comprehensive database of environmental assesses Pilot Program performance in the under the Pilot. projects and milestones to improve the • core areas specified in the Scope of the Audit Caltrans staff availability during audits. accuracy of the information reported in the section of this report. Some Caltrans staff selected to be quarterly reports. The Caltrans’ Pilot Program commitments interviewed by the audit team were out of the 2. QA/QC Certification Process—Project address: office and unavailable to participate in the file reviews completed during the fifth audit • Organization and Procedures under the onsite audit. This limited the extent of continued to identify incorrect and Pilot Program. information gathering. incomplete QC certification forms. Caltrans • Expanded QC Procedures. • Incomplete project files. Project files and continues to address inadequacies in this • Independent Environmental associated project documentation have, when process through staff specific training when Decisionmaking. reviewed by the audit team, not always been inconsistencies are identified, most notably • Determining the NEPA Class of Action. complete. This is especially true for projects during the self-assessment process. • Consultation and Coordination with where the project or related studies were 3. QA/QC Assurance—Under the Pilot Resource Agencies. initiated prior to commencement of the Pilot Program, NEPA documentation must clearly • Issue Identification and Conflict Program. A full assessment of compliance identify that FHWA has no role in the Resolution Procedures. with Pilot Program policies and procedures environmental review and decisionmaking • Record Keeping and Retention. is not possible unless all required documents process for assigned projects. However, • Expanded Internal Monitoring and are available for review. environmental document reviews continued Process Reviews. • Limited scope of Pilot Program project to identify instances when FHWA was • Performance Measures to Assess the development activity. Caltrans has not referenced as being involved in the Pilot Program. operated under the Pilot Program for a decisionmaking process. • Training to Implement the Pilot Program. sufficient period of time to manage the full ‘‘Needs Improvement’’ audit findings • Legal Sufficiency Review. lifecycle of most Environmental Impact status: The FHWA team for the fifth audit Statements (EIS) and other complex projects. 1. Inadequate Guidance in the Standard included representatives from the following Therefore, FHWA is not yet able to fully Environmental Reference (SER)—Caltrans offices or agencies: determine how Caltrans will comply with its updated the SER to address FHWA’s

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concerns regarding several instances where previous audit findings, were also identified instituted specific procedures for guidance provided was unclear, misleading, in this audit. maintaining project files in accordance with or incomplete. However, additional instances the UFS and has provided training on these were observed during the fifth audit Findings Definitions procedures. Inconsistencies in the regarding unclear, misleading, or incomplete The FHWA audit team carefully examined application of these procedures, which have information in the SER. Pilot Program areas to assess compliance in been reported in previous audit findings, 2. Procedural and Substantive accordance with established criteria in the were also identified throughout the Districts Requirements—The identified areas of MOU and Application. The time period visited in this audit. Examples of confusion regarding implementation of the covered by this audit report is from the start inconsistencies observed in 10 of the Endangered Species Act (ESA) Section 7 of the Caltrans Pilot Program (July 1, 2007) approximately 80 project files reviewed process have been addressed and the process through completion of the fifth onsite audit during the audit included: of consulting with the FWS under ESA (July 30, 2010) with the focus of the audit on (a) Instances where required Section 7 has been improved. the most recent 12 month period. This report documentation was missing in project files 3. Section 4(f) Issues: presents audit findings in three areas: but was produced by Caltrans staff at the (a) Documentation—Project file reviews • Compliant—Audit verified that a request of the auditors. Examples of such and interviews with Caltrans staff confirmed process, procedure or other component of the missing documents included a letter continuing inconsistencies in the Pilot Program meets a stated commitment in documenting the State Historic Preservation documentation required to meet the Section the Application and/or MOU. Officer’s concurrence on effect 4(f) provisions. • Needs Improvement—Audit determined determination; correspondence between (b) Circulation of a Draft Section 4(f) that a process, procedure or other component Caltrans and FWS regarding a Biological Evaluation—Project file reviews and of the Pilot Program as specified in the Opinion for a project; and project level interviews with Caltrans staff identified Application and/or MOU is not fully conformity determinations by FHWA; and confusion regarding the requirement to implemented to achieve the stated (b) Missing, out of order, or incomplete circulate Section 4(f) Evaluations to the commitment or the process or procedure UFS tabs. Department of the Interior for review. implemented is not functioning at a level (N2) Performance Measure—‘‘Monitor (c) Section 4(f) Implementation—Project necessary to ensure the stated commitment is relationships with agencies and the general file reviews and interviews with Caltrans satisfied. Action is recommended to ensure public’’—MOU Section 10.2.1.C requires staff identified several inconsistencies with success. Caltrans to ‘‘assess change in communication the implementation and general • Deficient—Audit was unable to verify if among Caltrans, Federal and State resource understanding required in carrying out a process, procedure or other component of agencies, and the public.’’ Caltrans conducted Section 4(f) provisions. the Pilot Program met the stated commitment the first annual resource agency survey in Caltrans is continuing to address each in the Application and/or MOU. Action is 2009 and a second survey in February 2010. issue. For example, Caltrans requested and required to improve the process, procedure The Second Annual Resource Agency Survey received two FHWA-led Section 4(f) or other component prior to the next audit; Report was delivered in May 2010. Each trainings, each 2 days in length, with specific or report lists an average rating for each survey requests to address areas that FHWA has Audit determined that a process, procedure question and a comparison is made from the identified as problematic during the Pilot or other component of the Pilot Program did previous report average ratings. The Survey Program audit. Caltrans is also completing an not meet the stated commitment in the Report does not report each agency’s on-line Section 4(f) training that will be Application and/or MOU. Corrective action rankings separately, which would produce a posted on the ‘‘Training on Demand’’ Web is required prior to the next audit. more accurate assessment of Caltrans’ site. or individual relationship with Federal and 4. Legal Division Staff—Significant Audit determined that for a past Needs State agencies. It is FHWA’s recommendation variability existed in the Federal Improvement finding, the rate of corrective that the specific agencies’ rating information environmental law experience of the action has not proceeded in a timely manner; be shared with FHWA so that agency specific attorneys in the four Caltrans legal offices. is not on the path to timely resolution of the relationship issues could be identified and Most notably, the retirement of a highly finding. corrective actions could be discussed. experienced attorney near the end of 2008 Summary of Findings—July 2010 (N3) Coordination with Resource resulted in two of Caltrans’ legal offices Agencies—Through interviews with resource serving some of Caltrans’ largest and busiest Compliant agency staff, the audit team learned the Districts with no attorneys on staff with Caltrans was found to be compliant in following: substantial experience in Federal meeting the requirements of the MOU for the (a) Under MOU Section 7.1.1, Caltrans environmental law. Since October 2009, the key Pilot Program areas within the scope and ‘‘agrees to seek early and appropriate Sacramento Legal Division assumed the limitations of the audit, with the coordination with all appropriate Federal, permanent responsibility for all exceptions noted in the Deficient and Needs State, and local agencies in carrying out any environmental law issues in the legal office Improvement findings in this audit report set of the responsibilities and highway projects affected by the retirement of the experienced forth below. Caltrans continues to provide assumed under Part 3 of this MOU.’’ Based attorney in 2008. FHWA with all required oversight reports, on information obtained during audit 5. Training—In the past, inconsistencies in per MOU Section 8.2 (e.g., Quarterly Reports interviews with representatives from a training were identified in the areas of listing project approvals and decisions made USACE District office, the audit team learned Section 4(f) and Section 7 processes. There under the authority of the Pilot Program and that Caltrans is not conducting pre- were also observed inconsistencies in the use the Self-assessment Summary Reports) and application coordination with this office nor of tools to identify training needs and to track has fully cooperated with FHWA during the engaging in appropriate coordination on employees’ training histories, as well as no audit process. Even with the loss of staff, NEPA reviews which is limiting the agencies’ method for employees to track completion of furloughs, and budget constraints Caltrans flexibility to develop project alternatives and any online training available on the Caltrans continues to be compliant in their mitigation options. Web site. A method to record the completion commitment of resources needed to carry out (b) MOU Section 7.1.2, Caltrans ‘‘agrees to of on-line trainings by Caltrans staff is now the responsibilities assumed under the Pilot make all reasonable and good faith efforts to available with implementation of its use Program. identify and resolve conflicts with all underway. appropriate Federal, State, and local agencies 6. Maintenance of Project and General Needs Improvement during the consultation and review process Administrative Files—Caltrans has instituted (N1) Maintenance of Project and General in carrying out any of the responsibilities specific procedures for maintaining project Administrative Files—MOU Section 8.2.4 assumed under Part 3 of this MOU.’’ files in accordance with the Uniform Filing requires that Caltrans maintains project and Interviews with representatives from a System (UFS) and has provided training on general administrative files pertaining to its Caltrans District Office, a USACE District these procedures. Inconsistencies in the discharge of the responsibilities assumed Office, and a FWS Field Office, determined application of these procedures, reported in under the Pilot Program. Caltrans has that longstanding conflicts (i.e., insufficient

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information provided, lack of compliance project file and would become part of the The audit team feels that additional with environmental commitments and administrative record, and thus contain clarification and guidance needs to be disagreements on regulatory timeframes, incorrect information. provided by Caltrans to the environmental action areas and compensative mitigation (N6) Re-evaluation Process—MOU Section staff as to the purpose and use of the re- requirements) are not being addressed and 5.1 requires Caltrans to be subject to the same evaluation process. A re-evaluation is done to ‘‘good faith’’ efforts to resolve conflicts procedural and substantive requirements that determine if the approved environmental between these Federal agencies and a few apply to DOT in carrying out the document or the CE designation remains Districts are lacking. These agencies reported responsibilities assumed under the Pilot valid. In the re-evaluation process, the that due to these conflicts, efforts to carry out Program. This includes the process and original decision and analysis needs to be responsibilities under applicable Federal documentation for conducting NEPA re- reviewed for its validity. laws are not being implemented to the fullest evaluations to comply with 23 CFR 771.129. (N7) Section 4(f) and ‘‘Locally Significant’’ extent. Additionally, SER Chapter 33 discusses re- Historic Resources—MOU Section 5.1.1 (N4) Procedural and Substantive validations and re-evaluations. Project file affirms that Caltrans is subject to the same Requirements—MOU Section 5.1.4 states that reviews and staff interviews identified procedural and substantive requirements that Caltrans will work with all other appropriate varying degrees of compliance with these apply to the DOT in carrying out the Federal agencies concerning the laws, procedures. Project file reviews completed in responsibilities assumed under the Pilot guidance, and policies that such other some Districts determined that the re- Program. The SER Chapter 20, Section 4(f) Federal agencies are responsible for evaluations completed complied with SER and Related Requirements, sets forth administering. Project file reviews and staff Chapter 33. However, in other Districts procedures for documenting impacts to interviews identified the following project files identified the following Section 4(f) properties in Caltrans-assigned inconsistencies: inconsistencies: environmental documents, while the Forms (a) The Section 7 consultation was (a) A re-evaluation was used to combine and Templates section of the SER contains incomplete and the Section 7 finding was not portions of two EISs. The FHWA re- annotated outlines for such documents. included in the NEPA documentation of a evaluation process does not accommodate However, the SER does not address how project’s Finding of No Significant Impacts such an approach. Other elements of this re- Caltrans should determine whether a historic (FONSI); and evaluation that appeared to deviate from resource which is significant at the local (b) An Environmental Assessment established procedures included: (1) A level should be considered eligible for document did not identify that the project change was made to the project that was not protection under Section 4(f). In the case of was in a 100-year flood zone and therefore, evaluated in either of the original EISs or the one project reviewed by the audit team, it a ‘‘practicability’’ finding was not made in the subsequent re-evaluations performed on the was unclear from review of the project file and from interviews with Caltrans staff what FONSI. As a result, the project was not in respective projects and (2) a previous process was used for making the compliance with Executive Order 11988 conformity determination was relied on for determination and what internal and external Floodplain Management and 23 CFR 650. the segment covered by one of the EISs, coordination and consultation was required. (N5) Compliance with Procedural and whereas a new conformity determination was It is the audit team’s opinion that the SER Substantive Requirements—MOU Section 5.1 done on the segment from the second EIS. should include a process to ensure requires Caltrans to be subject to the same There was no conformity determination for consistency in the determination of the procedural and substantive requirements that the combined project; historic significance of local resources. apply to the U.S. Department of (b) In another project file review, no (N8) Training: Inconsistent Level of Transportation (DOT) in carrying out the evidence was found that a Section 106 Area Training for Staff—MOU Section 12.1.1 responsibilities assumed under the Pilot of Potential Effect (APE) was revised after a requires Caltrans to ensure that its staff is Program. Such procedural and substantive post-final environmental document change properly trained and that training will be requirements include compliance with occurred that expanded the footprint of the provided ‘‘in all appropriate areas with Federal laws, Federal regulations, Executive proposed project outside of the original APE. respect to the environmental responsibilities Orders, DOT Orders, FHWA Orders, official No documents in the project file were Caltrans has assumed.’’ Section 4.2.2 of the guidance and policy issued by tDOT or identified to support that Caltrans had MOU also requires that Caltrans maintain FHWA, and any applicable Federal Court performed an evaluation to determine if the adequate staff capability to effectively carry decisions, and interagency agreements such change had an effect on the validity of the out the responsibilities it has assumed. as programmatic agreements, memoranda of original environmental document or the The audit team found an inconsistent agreement, and other similar documents that Section 106 determination of effects; application of the training plan for relate to the environmental review process. (c) A re-evaluation of an original CE generalists in two Districts. Interviews with Documentation errors during the NEPA determination contained, as a part of the re- several SEPs in two Districts indicated that process were noted in 11 of approximately 80 evaluation, the addition of another project CE oversight or tracking of training for project files reviewed during the audit. determination. The District concurrently generalists is not uniform and identified the Project file reviews identified incomplete or issued a Section 6005 CE for the ‘‘combined’’ need for a more systematic approach. The inaccurate NEPA documents and other project, without including a new project interviews found that training attended by related project materials. Some of these description. The project file contained the generalists is not consistently monitored by instances included: new CE with the re-evaluation attached. their SEPs, nor is the training plan (a) A FONSI that did not include a Documentation in the file indicated that the consistency applied or tracked to ensure response to comments received on the second project was not to be added to the employees attend the proper training given to Environmental Assesment regarding traffic original CE, since that would make the first support the generalist’s responsibilities. operations and their impacts on the project; project ineligible for a Federal funding While the audit team did learn that a more (b) A FONSI that did not include a category; systematic training plan for generalists (i.e., statement that the Section 7 consultation had (d) A re-evaluation did not include the generalist roadmap) had recently been been performed in compliance with the ESA; documentation of an affirmative developed, it remains an important issue to (c) Two CE determinations failed to determination that the NEPA document was ensure that staff attends the training reference the most current noise studies still valid; and prescribed by the plan to ensure they have performed prior to the approvals of the CEs; (e) Instances were observed by the audit the proper skill set to effectively carry out (d) One CE determination failed to team that re-evaluations were approved responsibilities under the Pilot Program. reference the most current traffic analysis without the original project file or approved (N9) Training: Inconsistent Understanding performed prior to the approval of the CE environmental document being in the District of Required Processes—MOU Section 4.2.2 and; Office. In one instance, a re-evaluation was requires Caltrans to maintain adequate (e) A project file contained a fact sheet for approved by a District without reviewing the organizational and staff capacity to the project that contained incorrect project file or final environmental document. effectively carry out the responsibilities it has information on the level of environmental According to information provided to the assumed under MOU Section 3. The documentation. Even if this fact sheet was audit team, the project file had been removed following inconsistencies were noted during not released to the public, it is part of the from the office and could not be located. interviews with Caltrans staff:

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(a) Interviews with two SEPs and project Section 4(f) properties in Caltrans-assigned (b) One QC certification form was file reviews indicated a lack of understanding environmental documents, while the Forms approved by the Quality Control Reviewer, of the Section 4(f) process and options and Templates section of the SER contains Preparer, and Branch Chief without the available for implementation and annotated outlines for such documents, technical reviewer’s signature due to pending documentation of the Section 4(f) process. A including appropriate language for comments; lack of understanding and knowledge was addressing de minimis impacts (49 U.S.C. (c) Five other QC certification forms identified in the areas of the determination 303(d); 23 U.S.C. 139(b); 23 CFR 774.17). As contained undated review signatures or the of de minimis impacts findings, the use of was also noted in the fourth FHWA audit of signatures were not obtained in the proper established Section 4(f) programmatic the Pilot Program, project file reviews and sequence in accordance with the Caltrans interviews with staff during this audit agreements, and the required documentation, established QA/QC processes; identified inconsistencies in the evaluation, and explanation to be included in (d) Two QC certification forms were the environmental documents; documentation requirements for carrying out missing the signatures of required reviewers. (b) Interviews with one HQ Environmental the Section 4(f) provisions. These included: In those cases, a memo was included in the Coordinator and one SEP reflected a lack of (a) For a bridge replacement project located files documenting this oversight. One memo awareness of any policy or guidance for the within a National Forest, no documentation use of the Statute of Limitations notice and; was provided in the EA document or in the noted that the NEPA document that was (c) Interviews with SEPs in two Districts project file regarding the Section 4(f) status approved for the project had been reflected a lack of awareness and knowledge of the recreational facilities in the immediate incomplete. No additional explanation was of the ‘‘Blanket’’ CE for approval of design project vicinity or any possible project provided; and exceptions. While the use of this may be impacts to those resources; (e) Two external QC certification forms limited, a general understanding and (b) A project file contained a letter from the contained signatures that were obtained after awareness is expected by Caltrans staff. official with jurisdiction over the Section 4(f) the internal QC certification form signatures. Several SEPs either did not know of the recreational resource stating the impacts to The SER Chapter 38 process requires the QC ‘‘Blanket’’ CE or were unaware of how and the resource would be de minimis. Neither external certification form to be completed when to use it. the EA document nor the project file before the internal certification review can be contained the supporting documentation for initiated. Deficient that determination, as required under 23 CFR (D4) Maintenance of Project and General 774.7(b). (D1) Reports Listing Approvals and Administrative Files—MOU Section 8.2.4 (c) The Section 4(f) discussion in the Decisions (i.e., Quarterly Reports)—MOU requires Caltrans to maintain project and environmental document of another project Section 8.2.7 requires Caltrans to submit a general administrative files pertaining to its report listing all Pilot Program approvals and (for which no NEPA approval had been made at the time of the audit) was unclear as to discharge of the responsibilities assumed decisions made with respect to which type of Section 4(f) documentation under the Pilot Program. Caltrans has responsibilities assumed under the MOU and approval was being contemplated. The instituted specific procedures for with FHWA (each quarter for the first 2 years; applicable section of the EA included the maintaining project files and has provided after the first 2 years no less than every 6 discussion of four different types of Section training on these procedures. Previous audits months). Caltrans has chosen to continue to 4(f) approvals: identified inconsistencies with the provide quarterly reports to FHWA. 1. The EA described the project as application of these procedures (i.e., missing Inaccurate project reporting continues to be qualifying for a Nationwide Programmatic required documents, missing UFS tabs) and an ongoing issue affecting the quarterly Section 4(f) evaluation, but did not reach a inconsistencies throughout the Districts report process and has been identified in conclusion pursuant to the applicable visited in this audit were also identified. This every previous FHWA audit report. Among Programmatic. audit also identified inconsistencies with file the reporting errors identified in this audit 2. The document then included a maintenance in at least 15 of the were: discussion similar to what is used in an approximately 80 project files reviewed. (a) Omission of two EAs; individual Section 4(f) Evaluation, including Examples of these include: (b) Omission of one FONSI; impacts to Section 4(f) properties, avoidance (a) Various types of required project (c) Omission of a biological opinion; alternatives, and measures to minimize harm, documentation were missing from project (d) Incorrect approval date for a CE ending by stating that no preferred files. Examples of missing documents determination; alternative had been identified for the included: (e) Incorrect listing of a re-evaluation/ project. • Signed final environmental documents; revalidation for a Section 6004 CE 3. The EA also contained a Section 4(f) • determination as Section 6005 CE Noise abatement decision report; constructive use discussion, which reached • Historic Properties Survey Report; determination; and no conclusion. • (f) Incorrectly included a re-evaluation/ Environmental Commitment Records; 4. Finally, the project file contained an e- • internal and external QC certification revalidation of a project with no Federal mail stating that although the EA was forms (some signed but undated); funding or required approvals, and therefore missing expected language regarding de • Signed copies of the Preliminary not a part of the Pilot Program. minimis impacts and a concurrence letter Environmental Analysis Report/Preliminary The current Caltrans approach to from the officials with jurisdiction, the developing the quarterly reports continues to Environmental Scoping forms; Caltrans Branch Chief would sign the QA/QC • be deficient. The accuracy of the reports on sheets ‘‘with the assurance that the above Section 106 Memorandum of Agreement; project approvals and decisions affects the ’’ and items will be completed. • FHWA oversight of the Pilot Program. The (D3) QA/QC Certification Process—MOU Information on the types of Section 4(f) FHWA acknowledges that Caltrans is in the Section 8.2.5 and SER Chapter 38 require resources and the projects’ impacts upon initial stages of statewide implementation of Caltrans staff to review each environmental them. the File Maker Pro environmental database. document in accordance with the policy (b) Two instances in which the project files It is anticipated that the implementation of memorandum titled, ‘‘Environmental were not available for review; in one case, the this database system will improve the Document Quality Control Program under the file has been improperly disposed, while in accuracy of information provided in the NEPA Pilot Program’’ (July 2, 2007). the other case, it was uncertain whether the quarterly reports to FHWA. Incomplete and incorrectly completed QC project file had been misplaced or had never (D2) Section 4(f) Documentation—MOU certification forms continue to be identified. been set up. Section 5.1.1 affirms that Caltrans is subject During project file reviews by the audit team, Response to Comments and Finalization of to the same procedural and substantive the following instances of incomplete or Report requirements that apply to DOT in carrying incorrect QC certification forms since the out the responsibilities assumed under the July 2009 audit were observed: The FHWA received no comments during Pilot Program. The SER Chapter 20, Section (a) An EA and Section 4(f) Evaluation was the 30-day comment period for the draft 4(f) and Related Requirements, sets forth approved contingent on changes that still audit report. Therefore, the FHWA feels that procedures for documenting impacts to needed to be made to the document; there is no need to revise the draft audit

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report findings and finalizes the audit report may visit http://edocket.access.gpo.gov/ mellitus, received education related to with this notice. 2008/pdf/E8-785.pdf. diabetes management, and is on a stable [FR Doc. 2011–1870 Filed 1–27–11; 8:45 am] insulin regimen. These drivers report no Background BILLING CODE 4910–22–P other disqualifying conditions, On December 14, 2010, FMCSA including diabetes-related published a notice of receipt of Federal complications. Each meets the vision DEPARTMENT OF TRANSPORTATION diabetes exemption applications from standard at 49 CFR 391.41(b)(10). seventeen individuals and requested The qualifications and medical Federal Motor Carrier Safety comments from the public (75 FR condition of each applicant were stated Administration 77947). The public comment period and discussed in detail in the December [FMCSA Docket No. FMCSA–2010–0386] closed on January 13, 2011 and no 14, 2010, Federal Register notice and comments were received. they will not be repeated in this notice. Qualification of Drivers; Exemption FMCSA has evaluated the eligibility Discussion of Comment Applications; Diabetes Mellitus of the seventeen applicants and determined that granting the FMCSA did not receive any AGENCY: Federal Motor Carrier Safety exemptions to these individuals would comments in this proceeding. Administration (FMCSA), DOT. achieve a level of safety equivalent to, ACTION: Notice of final disposition. or greater than, the level that would be Basis for Exemption Determination achieved by complying with the current Under 49 U.S.C. 31136(e) and 31315, SUMMARY: FMCSA announces its regulation 49 CFR 391.41(b)(3). FMCSA may grant an exemption from decision to exempt seventeen the diabetes standard in 49 CFR Diabetes Mellitus and Driving individuals from its rule prohibiting 391.41(b)(3) if the exemption is likely to Experience of the Applicants persons with insulin-treated diabetes achieve an equivalent or greater level of mellitus (ITDM) from operating The Agency established the current safety than would be achieved without commercial motor vehicles (CMVs) in standard for diabetes in 1970 because the exemption. The exemption allows interstate commerce. The exemptions several risk studies indicated that the applicants to operate CMVs in will enable these individuals to operate drivers with diabetes had a higher rate interstate commerce. CMVs in interstate commerce. of crash involvement than the general To evaluate the effect of these DATES: The exemptions are effective population. The diabetes rule provides exemptions on safety, FMCSA January 28, 2011. The exemptions that ‘‘A person is physically qualified to considered medical reports about the expire on January 28, 2013. drive a commercial motor vehicle if that applicants’ ITDM and vision, and FOR FURTHER INFORMATION CONTACT: Dr. person has no established medical reviewed the treating endocrinologists’ Mary D. Gunnels, Director, Medical history or clinical diagnosis of diabetes medical opinion related to the ability of Programs, (202) 366–4001, mellitus currently requiring insulin for the driver to safely operate a CMV while [email protected], FMCSA, Room control’’ (49 CFR 391.41(b)(3)). using insulin. W64–224, Department of FMCSA established its diabetes Consequently, FMCSA finds that in Transportation, 1200 New Jersey exemption program, based on the each case exempting these applicants Avenue, SE., Washington, DC 20590– Agency’s July 2000 study entitled ‘‘A from the diabetes standard in 49 CFR 0001. Office hours are from 8:30 a.m. to Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level 5 p.m., Monday through Friday, except a Program to Qualify Individuals with of safety equal to that existing without Federal holidays. Insulin-Treated Diabetes Mellitus to the exemption. SUPPLEMENTARY INFORMATION: Operate in Interstate Commerce as Directed by the Transportation Act for Conditions and Requirements Electronic Access the 21st Century.’’ The report concluded The terms and conditions of the You may see all the comments online that a safe and practicable protocol to exemption will be provided to the through the Federal Document allow some drivers with ITDM to applicants in the exemption document Management System (FDMS) at: http:// operate CMVs is feasible. The and they include the following: (1) That www.regulations.gov. September 3, 2003 (68 FR 52441) each individual submit a quarterly Docket: For access to the docket to Federal Register notice in conjunction monitoring checklist completed by the read background documents or with the November 8, 2005 (70 FR treating endocrinologist as well as an comments, go to http:// 67777) Federal Register notice provides annual checklist with a comprehensive www.regulations.gov and/or Room the current protocol for allowing such medical evaluation; (2) that each W12–140 on the ground level of the drivers to operate CMVs in interstate individual reports within 2 business West Building, 1200 New Jersey commerce. days of occurrence, all episodes of Avenue, SE., Washington, DC, between These seventeen applicants have had severe hypoglycemia, significant 9 a.m. and 5 p.m., Monday through ITDM over a range of 1 to 44 years. complications, or inability to manage Friday, except Federal holidays. These applicants report no severe diabetes; also, any involvement in an Privacy Act: Anyone may search the hypoglycemic reactions resulting in loss accident or any other adverse event in electronic form of all comments of consciousness or seizure, requiring a CMV or personal vehicle, whether or received into any of DOT’s dockets by the assistance of another person, or not it is related to an episode of the name of the individual submitting resulting in impaired cognitive function hypoglycemia; (3) that each individual the comment (or of the person signing that occurred without warning provide a copy of the ophthalmologist’s the comment, if submitted on behalf of symptoms, in the past 12 months and no or optometrist’s report to the medical an association, business, labor union, or recurrent (2 or more) severe examiner at the time of the annual other entity). You may review DOT’s hypoglycemic episodes in the past 5 medical examination; and (4) that each Privacy Act Statement for the Federal years. In each case, an endocrinologist individual provide a copy of the annual Docket Management System (FDMS) verified that the driver has medical certification to the employer for published in the Federal Register on demonstrated a willingness to properly retention in the driver’s qualification January 17, 2008 (73 FR 3316), or you monitor and manage his/her diabetes file, or keep a copy in his/her driver’s

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qualification file if he/she is self- Efficient Transportation Equity Act—A Department of Agriculture’s Forest employed. The driver must also have a Legacy for Users of 2005 (SAFETEA– Service and DOT evaluated the project copy of the certification when driving, LU) and codified in 49 U.S.C. 5320. The proposals based on the criteria defined for presentation to a duly authorized Paul S. Sarbanes Transit in Parks in 49 U.S.C. 5320(g)(2). Final selections Federal, State, or local enforcement program funds capital and planning were made through a collaborative official. expenses for alternative transportation process. systems in parks and public lands. Conclusion The goals of the program are to Federal land management agencies and conserve natural, historical, and cultural Based upon its evaluation of the State, Tribal and local governments resources; reduce congestion and seventeen exemption applications, acting with the consent of a Federal pollution; improve visitor mobility and FMCSA exempts, Richard B. Angus, land management agency are eligible accessibility; enhance visitor James T. Bezold, Allen C. Cornelius, recipients. experience; and ensure access to all, Eugene M. Johnson, Michael A. FOR FURTHER INFORMATION CONTACT: including persons with disabilities, McHenry, Steven L. Meredith, Gabriel Project sponsors who are State, local, or through alternative transportation Moreno, Gregory S. Myers, Scott A. Tribal entities may contact the projects. The projects selected to use FY Newell, Richard D. Peterson, Rudolph appropriate FTA Regional 2010 funding represent a diverse set of Q. Redd, Chad A. Sanders, Mark A. Administrator (See the Appendix to this capital and planning projects across the Sawyer, Isaac Singleton, Doris A. Notice) for grant-specific issues. Project country, ranging from bus purchases to Tiberio, Gordon E. Toland, Raymond M. sponsors who are a Federal land installation of Intelligent Transportation Wallace, Jr. from the ITDM standard in management agency or a specific unit of Systems (ITS) and are listed in Table 1. 49 CFR 391.41(b)(3), subject to the a Federal land management agency conditions listed under ‘‘Conditions and Applying For Funds should work with the contact listed Requirements’’ above. Recipients who are State or local In accordance with 49 U.S.C. 31136(e) below at their headquarters office to coordinate the availability of funds to government entities will be required to and 31315 each exemption will be valid apply for Paul S. Sarbanes Transit in for two years unless revoked earlier by that unit. • National Park Service: Mark H Parks program funds electronically FMCSA. The exemption will be revoked Hartsoe, [email protected]; tel: through FTA’s electronic grant award if: (1) The person fails to comply with 202–513–7025, fax: 202–371–6675, and management system, TEAM. These the terms and conditions of the mail: 1849 C Street, NW. (MS2420); entities are assigned discretionary exemption; (2) the exemption has Washington, DC 20240–0001. project IDs as shown in Table 1 of this resulted in a lower level of safety than • Fish and Wildlife Service: Nathan notice. The content of these grant was maintained before it was granted; or Caldwell, [email protected], applications must reflect the approved (3) continuation of the exemption would tel: 703–358–2205, fax: 703–358–2517, proposal. (Note: Applications for the not be consistent with the goals and mail: 4401 N. Fairfax Drive, Room 634; Paul S. Sarbanes Transit in Parks objectives of 49 U.S.C. 31136(e) and Arlington, VA 22203. program do not require Department of 31315. If the exemption is still effective • Forest Service: Ed James, Labor Certification.) Upon grant award, at the end of the 2-year period, the [email protected], tel: 703–605–4616, payments to grantees will be made by person may apply to FMCSA for a mail: 1400 Independence Avenue, SW.; electronic transfer to the grantee’s renewal under procedures in effect at Washington, DC 20250–1101. financial institution through FTA’s that time. • Bureau of Land Management: Electronic Clearing House Operation Issued on: January 20, 2011. Victor F. Montoya, (ECHO) system. Staff in FTA’s Regional Larry W. Minor, [email protected], tel: 202–912– offices are available to assist applicants. Associate Administrator, Office of Policy. 7041, mail: 1620 L Street, WO–854, Recipients who are Federal land [FR Doc. 2011–1838 Filed 1–27–11; 8:45 am] Washington, DC 20036 management agencies will be required For general information about the BILLING CODE 4910–EX–P to enter into an interagency agreement Paul S. Sarbanes Transit in Parks (IAA) with FTA. FTA will administer program, please contact Adam Schildge, one IAA with each Federal land DEPARTMENT OF TRANSPORTATION Office of Program Management, Federal management agency receiving funding Transit Administration, at through the program for all of that Federal Transit Administration [email protected], 202–366–0778. agency’s projects. Individual units of SUPPLEMENTARY INFORMATION: A total of Federal land management agencies Alternative Transportation in Parks $26,844,035 was appropriated for FTA’s should work with the contact at their and Public Lands Program Paul S. Sarbanes Transit in Parks headquarters office listed above to AGENCY: Federal Transit Administration program in Fiscal Year (FY) 2010. Of coordinate the availability of funds to (FTA), DOT. this amount, $26,709,815 is available for that unit. project awards, $134,220 is reserved for ACTION: Paul S. Sarbanes Transit in Program Requirements Parks Program Announcement of FY oversight activities, and $46,591 will be 2010 Project Selections. added to available FY 2011 Section 5320 requires funding appropriations for the program. A total recipients to meet certain requirements. SUMMARY: The U.S. Department of of $338,467 is available for project Requirements that reflect existing Transportation’s (DOT) Federal Transit awards from funds appropriated in statutory and regulatory provisions can Administration (FTA) announces the 2007, 2008 and 2009. A total of 73 be found in the document ‘‘Alternative selection of projects, funded with Fiscal applicants requested $83.0 million, Transportation in Parks and Public Year (FY) 2010 appropriations and more than three times the amount Lands Program: Requirements for previously unallocated prior year funds, available in FY 2010 for projects, Recipients’’ available at http:// for the Paul S. Sarbanes Transit in Parks indicating high competition for funds. A www.fta.dot.gov/atppl. These program, as authorized by Section 3021 joint review committee of the U.S. requirements are incorporated into the of the Safe, Accountable, Flexible, Department of Interior, the U.S. grant agreements and inter-agency

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agreements used to fund the selected The conditions under which pre- e. When a grant for the project is projects. award authority may be utilized are subsequently awarded, the Financial specified below: Status Report in TEAM–Web must Pre-Award Authority a. Pre-award authority is not a legal or indicate the use of pre-award authority, Pre-award authority allows an agency implied commitment that the project(s) and the pre-award item in the project that will receive a grant or interagency will be approved for FTA assistance or information section of TEAM should be agreement to incur certain project costs that FTA will obligate Federal funds for marked ‘‘yes.’’ those projects. Furthermore, it is not a prior to receipt of the grant or Reporting Requirements interagency agreement and retain legal or implied commitment that all All recipients must submit quarterly eligibility of the costs for subsequent items undertaken by the applicant will be eligible for inclusion in the project(s). reports to FTA containing the following reimbursement after the grant or b. All FTA statutory, procedural, and information: agreement is approved. The recipient contractual requirements must be met. (1) Narrative description of project(s); assumes all risk and is responsible for c. No action will be taken by the and, ensuring that all conditions are met to grantee that prejudices the legal and (2) Discussion of all budget and retain eligibility, including compliance administrative findings that the Federal schedule changes. with Federal requirements such as the Transit Administrator must make in The headquarters office for each National Environmental Policy Act order to approve a project. Federal land management agency (NEPA), SAFETEA–LU planning d. Local funds expended pursuant to should collect a quarterly report for requirements, and provisions this pre-award authority will be eligible each of the projects delineated in the established in the grant contract or for reimbursement if FTA later makes a interagency agreement and then send Interagency Agreement. This automatic grant or interagency agreement for the these reports (preferably by e-mail) to pre-award spending authority, when project(s). Local funds expended by the Adam Schildge, FTA, triggered, permits a grantee to incur grantee prior to the April 5, 2010 public [email protected]; 1200 New costs on an eligible transit capital or announcement will not be eligible for Jersey Avenue; Washington, DC 20590. planning project without prejudice to credit toward local match or Examples can be found on the program possible future Federal participation in reimbursement. Furthermore, the Web site at http://www.fta.dot.gov/ the cost of the project or projects. Under expenditure of local funds on activities atppl. State and local governments will the authority provided in 49 U.S.C. such as land acquisition, demolition, or send this information to FTA for 5320(h), FTA is extending pre-award construction, prior to the completion of projects that are funded through grants authority for FY 2010 Paul S. Sarbanes the NEPA process, would compromise to State and local governments rather Transit in Parks projects effective FTA’s ability to comply with Federal than through the interagency agreement. December 22, 2010 when the projects environmental laws and may render the The quarterly reports are due to FTA on were publicly announced. project ineligible for FTA funding. the dates noted below:

Quarter Covering Due date

1st Quarter Report ...... October 1–December 31 ...... January 31. 2nd Quarter Report ...... January 1–March 31 ...... April 30. 3rd Quarter Report ...... April 1–June 30 ...... July 31. 4th Quarter Report ...... July 1–September 31 ...... October 31.

In order to allow FTA to compute part of their fourth quarter report Transit in Parks program recipients that aggregate program performance (preferably by e-mail), to Adam are other Federal agencies. Instead, measures FTA requests that all Schildge, FTA, [email protected]; working with the existing oversight recipients of funding for capital projects 1200 New Jersey Avenue, SE.; E46–303; systems at the Federal Land under the Paul S. Sarbanes Transit in Washington, DC 20590. Examples can Management Agencies, FTA will Parks program submit the following be found on the program Web site at perform periodic reviews of specific information annually: http://www.fta.dot.gov/atppl. projects funded by the Paul S. Sarbanes • Annual visitation to the land unit; • Oversight Transit in Parks program. These reviews Annual number of persons who use will ensure that projects meet the basic the alternative transportation system Recipients of FY 2010 Paul S. statutory, administrative, and regulatory (ridership/usage); Sarbanes Transit in Parks program funds • An estimate of the number of will be required to certify that they will requirements as stipulated by this notice vehicle trips mitigated based on comply with all applicable Federal and and the certification. To the extent alternative transportation system usage FTA programmatic requirements. FTA possible, these reviews will be and the typical number of passengers direct grantees will complete this coordinated with other reviews of the per vehicle; certification as part of the annual project. FTA direct grantees of Paul S. • Cost per passenger; and, Certification and Assurances package, Sarbanes Transit in Parks program funds • A note of any special services and Federal Land Management Agency (State, local and Tribal government offered for those systems with higher recipients will complete the entities) will be subject to all applicable costs per passenger but more amenities. certification by signing the interagency triennial, State management, civil rights, State and local government entities agreement. This certification is the basis and other reviews. should submit this information as part for oversight reviews conducted by Issued in Washington, DC this 24th day of of their fourth quarter report through FTA. January, 2011. FTA’s TEAM grants management The Secretary of Transportation and system. FTA have elected not to apply the Peter Rogoff, Federal land management agencies triennial review requirements of 49 Administrator. should also send this information as U.S.C. 5307(h)(2) to Paul S. Sarbanes

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Appendix

FTA REGIONAL AND METROPOLITAN OFFICES

Mary-Beth Mello, Regional Administrator, Region 1—Boston, Kendall Robert C. Patrick, Regional Administrator, Region 6—Ft. Worth, 819 Square, 55 Broadway, Suite 920, Cambridge, MA 02142–1093, Tel. Taylor Street, Room 8A36, Ft. Worth, TX 76102, Tel. 817–978–0550. 617–494–2055. States served: Connecticut, Maine, Massachusetts, New Hampshire, States served: Arkansas, Louisiana, Oklahoma, New Mexico, and Rhode Island, and Vermont. Texas.

Brigid Hynes-Cherin, Regional Administrator, Region 2—New York, Mokhtee Ahmad, Regional Administrator, Region 7—Kansas City, MO, One Bowling Green, Room 429, New York, NY 10004–1415, Tel. 901 Locust Street, Room 404, Kansas City, MO 64106, Tel. 816– 212–668–2170. 329–3920. States served: New Jersey, New York. States served: Iowa, Kansas, Missouri, and Nebraska.

New York Metropolitan Office, Region 2—New York, One Bowling Green, Room 428, New York, NY 10004–1415, Tel. 212–668–2202.

Letitia Thompson, Regional Administrator, Region 3—Philadelphia, Terry Rosapep, Regional Administrator, Region 8—Denver, 12300 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. West Dakota Ave., Suite 310, Lakewood, CO 80228–2583, Tel. 720– 215–656–7100. 963–3300. States served: Delaware, Maryland, Pennsylvania, Virginia, West Vir- States served: Colorado, Montana, North Dakota, South Dakota, Utah, ginia, and District of Columbia. and Wyoming. Philadelphia Metropolitan Office, Region 3—Philadelphia, 1760 Market Street, Suite 500, Philadelphia, PA 19103–4124, Tel. 215–656–7070. Washington, DC Metropolitan Office, 1990 K Street, NW., Room 510, Washington, DC 20006, Tel. 202–219–3562.

Yvette Taylor, Regional Administrator, Region 4—Atlanta, 230 Leslie T. Rogers, Regional Administrator, Region 9—San Francisco, Peachtreet Street, NW. Suite 800, Atlanta, GA 30303, Tel. 404–865– 201 Mission Street, Room 1650, San Francisco, CA 94105–1926, 5600. Tel. 415–744–3133. States served: Alabama, Florida, Georgia, Kentucky, Mississippi, North States served: American Samoa, Arizona, California, Guam, Hawaii, Carolina, Puerto Rico, South Carolina, Tennessee, and Virgin Is- Nevada, and the Northern Mariana Islands. lands. Los Angeles Metropolitan Office, Region 9—Los Angeles, 888 S. Figueroa Street, Suite 1850, Los Angeles, CA 90017–1850, Tel. 213–202–3952.

Marisol Simon, Regional Administrator, Region 5—Chicago, 200 West Rick Krochalis, Regional Administrator, Region 10—Seattle, Jackson Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789. Federal Building, 915 Second Avenue, Suite 3142, Seattle, WA 98174–1002, Tel. 206–220–7954. States served: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wis- States served: Alaska, Idaho, Oregon, and Washington. consin. Chicago Metropolitan Office, Region 5—Chicago, 200 West Adams Street, Suite 320, Chicago, IL 60606, Tel. 312–353–2789.

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[FR Doc. 2011–1840 Filed 1–27–11; 8:45 am] motor vehicle insurers to reduce theft prevention standard for identifying BILLING CODE C premiums due to a reduction in motor major parts of certain high-theft lines of vehicle thefts; and actions taken by passenger cars. The Act also addressed insurers to assist in deterring thefts. several other actions to reduce motor DEPARTMENT OF TRANSPORTATION ADDRESSES: Interested persons may vehicle theft, such as increased criminal obtain a copy of this report or read penalties for those who traffic in stolen National Highway Traffic Safety background documents by going to vehicles and parts, curtailment of the Administration http://regulations.dot.gov at any time or exportation of stolen motor vehicles and [NHTSA–08–0055] to Room W12–140 on the ground level off-highway mobile equipment, of the West Building, 1200 New Jersey establishment of penalties for Insurer Reporting Requirements; Avenue, SE., Washington DC, 20590, dismantling vehicles for the purpose of Annual Insurer Report on Motor between 9 am and 5 pm, Monday trafficking in stolen parts, and Vehicle Theft for the 2005 Reporting through Friday, except Federal development of ways to encourage Year Holidays. Requests should refer to decreases in premiums charged to AGENCY: National Highway Traffic Docket No. 2008–0055. consumers for motor vehicle theft Safety Administration (NHTSA), FOR FURTHER INFORMATION CONTACT: Ms. insurance. Department of Transportation. Carlita Ballard, Office of International This notice announces publication by ACTION: Notice of availability. Policy, Fuel Economy and Consumer NHTSA of the annual insurer report on Programs, NHTSA, 1200 New Jersey motor vehicle theft for the 2005 SUMMARY: This notice announces Ave., SE., Washington, DC 20590. Ms. reporting year. Section 33112(h) of Title publication by NHTSA of the annual Ballard’s telephone number is (202) 49 of the U.S. Code, requires this insurer report on motor vehicle theft for 366–0846. Her fax number is (202) 493– information to be compiled periodically the 2005 reporting year. Section 2990. and published by the agency in a form 33112(h) of Title 49 of the U.S. Code, SUPPLEMENTARY INFORMATION: The Motor that will be helpful to the public, the requires this information to be compiled Vehicle Theft Law Enforcement Act of law enforcement community, and periodically and published by the 1984 (Theft Act) was implemented to Congress. As required by section agency in a form that will be helpful to enhance detection and prosecution of 33112(h), this report focuses on the the public, the law enforcement motor vehicle theft (Pub. L. 98–547). assessment of information on theft and community, and Congress. As required The Theft Act added a new Title VI to recovery of motor vehicles, by section 33112(c), this report provides the Motor Vehicle Information and Cost comprehensive insurance coverage and information on theft and recovery of Savings Act, which required the actions taken by insurers to reduce vehicles; rating rules and plans used by Secretary of Transportation to issue a thefts for the 2005 reporting period.

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Section 33112 of Title 49 requires to reduce paperwork burdens, invites The data requested will be the same in subject insurers or designated agents to the general public and other Federal Form SHL and, during the four report annually to the agency on theft agencies to comment on an information succeeding years, in Form SHLA. The and recovery of vehicles, on rating rules collection that is due for extension determination of who must report in the and plans used by insurers to reduce approval by the Office of Management annual surveys (SHLA) will be based premiums due to a reduction in motor and Budget. The Office of International upon the securities data submitted vehicle thefts, and on actions taken by Affairs within the Department of the during the previous benchmark survey. insurers to assist in deterring thefts. Treasury is soliciting comments The data collected under the annual Rental and leasing companies also are concerning the collection of data for the surveys (SHLA) will be used in required to provide annual theft reports Annual Report of Foreign-Residents’ conjunction with the results of the to the agency. In accordance with 49 Holdings of U.S. Securities, including previous benchmark survey to compute CFR 544.5, each insurer, rental and Selected Money Market Instruments. economy-wide estimates for the non- leasing company to which this The next such collection is to be benchmark years. regulation applies must submit a report conducted as of June 30, 2011. Current Actions: None. No changes in annually not later than October 25, DATES: Written comments should be the forms or instructions will be made beginning with the calendar year for received on or before March 29, 2011 to from the previous survey that was which they are required to report. The be assured of consideration. conducted as of June 30, 2010. report would contain information for Type of Review: Extension of a ADDRESSES: Direct all written comments the calendar year three years previous to currently approved collection. to Dwight Wolkow, International Affected Public: Business/Financial the year in which the report is filed. The Portfolio Investment Data Systems, report that was due by October 25, 2008 Institutions. Department of the Treasury, Room 5422, Forms: TDF SHLA, Schedule 1 and contains the required information for 1500 Pennsylvania Avenue, NW., the 2005 calendar year. Interested Schedule 2 (1505–0123); TDF SHL, Washington, DC 20220. In view of persons may obtain a copy of individual Schedule 1 and Schedule 2 (1505– possible delays in mail delivery, please insurer reports for CY 2005 by 0123). also notify Mr. Wolkow by email contacting the U.S. Department of Estimated Number of Respondents: ([email protected]), FAX Transportation, Docket Management, An annual average (over five years) of (202–622–2009) or telephone (202–622– 1200 New Jersey Avenue, SE., West 354, but this varies widely from about 1276). Building, Room W12–140 ground level, 1,475 in benchmark years (once every Washington, DC 20590–001. Requests FOR FURTHER INFORMATION CONTACT: five years) to about 74 in each of the should refer to Docket No. 2008–0055. Copies of the proposed forms and other years (four out of every five years). The annual insurer reports provided instructions are unchanged from the Estimated Average Time per under section 33112 are intended to aid previous survey that was conducted as Respondent: An annual average (over in implementing the Theft Act and of June 30, 2010 (Form SHLA (2010)), five years) of about 89 hours, but this fulfilling the Department’s requirements and are available on the Treasury’s TIC will vary widely from respondent to to report to the public the results of the webpage for ‘‘Forms SHL/SHLA & SHC/ respondent. (a) In the year of a insurer reports. The first annual insurer SHCA’’ (Part I.A), at: http:// benchmark survey, which is conducted report, referred to as the Section 612 www.treasury.gov/resource-center/data- once every five years, it is estimated that Report on Motor Vehicle Theft, was chart-center/tic/Pages/forms-sh.aspx. exempt respondents will require an prepared by the agency and issued in Requests for additional information average of 16 hours; for custodians of December 1987. The report included should be directed to Mr. Wolkow. securities, the estimate is a total of 321 theft and recovery data by vehicle type, SUPPLEMENTARY INFORMATION: hours on average, but this figure will make, line, and model which were Title: Treasury Department Form vary widely for individual custodians; tabulated by insurance companies and, SHLA/SHL, Foreign-Residents’ and for issuers of securities that have rental and leasing companies. Holdings of U.S. Securities, including data to report and are not custodians, Comprehensive premium information Selected Money Market Instruments. the estimate is 61 hours on average. (b) for each of the reporting insurance OMB Number: 1505–0123. In a non-benchmark year, which occurs companies was also included. This Abstract: These forms are used to four years out of every five years: For report, the twentieth, discloses the same conduct annual surveys of holdings by the largest custodians of securities, the subject information and follows the foreign-residents of U.S. securities for estimate is a total of 486 hours on same reporting format. portfolio investment purposes. These average; and for the largest issuers of data are used by the U.S. Government in Issued on: January 20, 2011. securities that have data to report and the formulation of international and Joseph S. Carra, are not custodians, the estimate is 110 financial policies and for the hours on average. Acting Associate Administrator for computation of the U.S. balance of Estimated Total Annual Burden Rulemaking. payments accounts and the U.S. Hours: an annual average (over five [FR Doc. 2011–1463 Filed 1–27–11; 8:45 am] international investment position. These years) of 31,500 hours. BILLING CODE 4910–59–P data will also be used to provide Frequency of Response: Annual. information to the public and to meet Request for Comments: Comments international reporting commitments. submitted in response to this notice will DEPARTMENT OF THE TREASURY The benchmark survey (Form SHL) is be summarized and/or included in the conducted once every five years, and request for Office of Management and Departmental Offices; Proposed requires reporting by all significant Budget approval. All comments will Collection; Comment Request U.S.-resident custodians and U.S.- become a matter of public record. The ACTION: Notice and request for resident security issuers. In non- public is invited to submit written comments. benchmark years an annual survey comments concerning: (a) Whether the (Form SHLA) is conducted, and requires Survey is necessary for the proper SUMMARY: The Department of the reports primarily from the very largest performance of the functions of the Treasury, as part of its continuing effort U.S.-resident custodians and issuers. Office, including whether the

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information collected has practical uses; in the section for Banking Reporting be summarized and/or included in the (b) the accuracy of the above burden Forms and Instructions, on the request for Office of Management and estimates; (c) ways to enhance the webpages for the TFC–1 and TFC–2 Budget approval. All comments will quality, usefulness and clarity of the forms, for example at: http:// become a matter of public record. The information to be collected; (d) ways to www.ny.frb.org/banking/reportingforms/ public is invited to submit written minimize the reporting and/or TFC_1.html. Requests for additional comments concerning: (a) Whether recordkeeping burdens on respondents, information should be directed to Mr. Foreign Currency Forms FC–1, FC–2, including the use of information Wolkow. and FC–3 are necessary for the proper technologies to automate the collection SUPPLEMENTARY INFORMATION: performance of the functions of the of the data; and (e) estimates of capital Title: Weekly Consolidated Foreign Office, including whether the or start-up costs of operation, Currency Report of Major Market information will have practical uses; (b) maintenance and purchases of services Participants, Foreign Currency Form the accuracy of the above estimates of to provide information. FC–1. the burdens; (c) ways to enhance the quality, usefulness and clarity of the Dwight Wolkow, OMB Control Number: 1505–0012. Title: Monthly Consolidated Foreign information to be collected; (d) ways to Administrator, International Portfolio minimize the reporting and/or record Investment Data Systems. Currency Report of Major Market Participants, Foreign Currency Form keeping burdens on respondents, [FR Doc. 2011–1944 Filed 1–27–11; 8:45 am] FC–2. including the use of information BILLING CODE 4811–42–P OMB Control Number: 1505–0010. technologies to automate the collection Title: Quarterly Consolidated Foreign of the data; and (e) estimates of capital Currency Report, Foreign Currency or start-up costs of operation, DEPARTMENT OF THE TREASURY Form FC–3. maintenance and purchase of services to Departmental Offices; Proposed OMB Control Number: 1505–0014. provide information. Abstract: The filing of Foreign Collection; Comment Request Currency Forms FC–1, FC–2, and FC–3 Dwight Wolkow, Office of International Monetary and ACTION: Notice and request for is required by law (31 U.S.C. 5315, 31 Financial Policy. comments. CFR Part 128, Subpart C), which directs the Secretary of the Treasury to [FR Doc. 2011–1952 Filed 1–27–11; 8:45 am] SUMMARY: The Department of the prescribe regulations requiring reports BILLING CODE 4810–25–P Treasury, as part of its continuing effort on foreign currency transactions to reduce paperwork burdens, invites conducted by a United States person or the general public and other Federal a foreign person controlled by a United DEPARTMENT OF THE TREASURY agencies to comment on an information States person. The forms collect data on Office of the Secretary collection that is due for extension the foreign exchange spot, forward, approval by the Office of Management futures, and options markets from all List of Countries Requiring and Budget. The Office of International significant market participants. Current Cooperation With an International Monetary and Financial Policy within Actions: None. No changes in the forms Boycott the Department of the Treasury is or instructions will be made. soliciting comments concerning Type of Review: Extension of a In accordance with section 999(a)(3) Extension of Foreign Currency Form currently approved collection. of the Internal Revenue Code of 1986, FC–1 (OMB No. 1505–0012) Weekly Affected Public: Business or other for- the Department of the Treasury is Consolidated Foreign Currency Report profit organizations. publishing a current list of countries of Major Market Participants, Extension Estimated Number of Respondents: which require or may require of Form FC–2 (OMB No. 1505–0010) Foreign Currency Form FC–1: 22 participation in, or cooperation with, an Monthly Consolidated Foreign Currency respondents. international boycott (within the Report of Major Market Participants, Foreign Currency Form FC–2: 22 meaning of section 999(b)(3) of the and Extension without change of Form respondents. Internal Revenue Code of 1986). FC–3 (OMB No. 1505–0014) Quarterly Foreign Currency Form FC–3: 38 On the basis of the best information Consolidated Foreign Currency Report. respondents. currently available to the Department of The reports are mandatory. Estimated Average Time Per the Treasury, the following countries DATES: Written comments should be Response: require or may require participation in, received on or before March 29, 2011 to Foreign Currency Form FC–1: 48 or cooperation with, an international be assured of consideration. minutes (0.8 hours) per response. boycott (within the meaning of section ADDRESSES: Direct all written comments Foreign Currency Form FC–2: 3 hours 36 999(b)(3) of the Internal Revenue Code to Dwight Wolkow, Office of minutes (3.6 hours) per response. of 1986). International Monetary and Financial Foreign Currency Form FC–3: Eight (8) Kuwait Policy, Department of the Treasury, hours per response. Lebanon Room 5422, 1500 Pennsylvania Avenue, Estimated Total Annual Burden Hours: Libya NW., Washington, DC 20220. In view of Foreign Currency Form FC–1: 915 hours, Qatar possible delays in mail delivery, please based on 52 reporting periods per Saudi Arabia also notify Mr. Wolkow by email years. ([email protected]), FAX Foreign Currency Form FC–2: 950 hours, Syria (202–622–2009) or telephone (202–622– based on 12 reporting period per year. United Arab Emirates 1276). Foreign Currency Form FC–3: 1,216 Yemen, Republic of FOR FURTHER INFORMATION CONTACT: hours, based on 4 reporting periods Iraq is not included in this list, but its Copies of the proposed forms and per year. status with respect to future lists instructions are available on the Federal Request for Comments: Comments remains under review by the Reserve Bank of New York’s Web site, submitted in response to this notice will Department of the Treasury.

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Dated: January 19, 2011. OCC: You should direct all written • E-mail: [email protected]. Manal Corwin, comments to: Communications Include ‘‘FFIEC 101, 3064–0159’’ in the International Tax Counsel (Tax Policy). Division, Office of the Comptroller of subject line of the message. • [FR Doc. 2011–1687 Filed 1–27–11; 8:45 am] the Currency, Mailstop 2–3, Attention: Mail: Leneta G. Gregorie, (202) 898– BILLING CODE 4810–25–M 1557–0239, 250 E Street, SW., 3719, Counsel, Attn: Comments, Room Washington, DC 20219. In addition, F–1064, Federal Deposit Insurance comments may be sent by fax to (202) Corporation, 550 17th Street, NW., DEPARTMENT OF THE TREASURY 874–5274, or by electronic mail to Washington, DC 20429. [email protected]. You may • Hand Delivery: Comments may be Office of the Comptroller of the personally inspect and photocopy hand delivered to the guard station at Currency comments at the OCC, 250 E Street, the rear of the 550 17th Street Building SW., Washington, DC 20219. For (located on F Street) on business days Office of Thrift Supervision security reasons, the OCC requires that between 7 a.m. and 5 p.m. visitors make an appointment to inspect Public Inspection: All comments FEDERAL RESERVE SYSTEM comments. You may do so by calling received will be posted without change (202) 874–4700. Upon arrival, visitors to http://www.fdic.gov/regulations/laws/ FEDERAL DEPOSIT INSURANCE will be required to present valid federal/propose.html including any CORPORATION government-issued photo identification personal information provided. and to submit to security screening in Comments may be inspected at the FDIC Agency Information Collection order to inspect and photocopy Public Information Center, Room E– Activities: Submission for OMB comments. 1002, 3501 Fairfax Drive, Arlington, VA Review; Joint Comment Request Board: You may submit comments, 22226, between 9 a.m. and 5 p.m. on business days. AGENCIES: Office of the Comptroller of which should refer to ‘‘FFIEC 101,’’ by OTS: You may submit comments, the Currency (OCC), Treasury; Board of any of the following methods: identified by ‘‘1550–0120 (FFIEC 101),’’ Governors of the Federal Reserve • Agency Web Site: http:// by any of the following methods: System (Board); Federal Deposit www.federalreserve.gov. Follow the • Federal eRulemaking Portal: http:// Insurance Corporation (FDIC); and instructions for submitting comments www.regulations.gov. Follow the Office of Thrift Supervision (OTS), on the http://www.federalreserve.gov/ instructions for submitting comments. Treasury. generalinfo/foia/ProposedRegs.cfm. • E-mail address: • ACTION: Notice of information collection Federal eRulemaking Portal: http:// [email protected]. to be submitted to OMB for review and www.regulations.gov. Follow the Please include ‘‘1550–0120 (FFIEC 101)’’ approval under the Paperwork instructions for submitting comments. in the subject line of the message and Reduction Act of 1995. • E-mail: include your name and telephone [email protected]. SUMMARY: In accordance with the number in the message. Include the reporting form number in • Fax: (202) 906–6518. requirements of the Paperwork the subject line of the message. • Mail: Information Collection Reduction Act (PRA) of 1995 (44 U.S.C. • FAX: (202) 452–3819 or (202) 452– Comments, Chief Counsel’s Office, chapter 35), the OCC, the Board, the 3102. Office of Thrift Supervision, 1700 G FDIC, and the OTS (the ‘‘agencies’’) may • Street, NW., Washington, DC 20552, not conduct or sponsor, and the Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Attention: ‘‘1550–0120 (FFIEC 101).’’ respondent is not required to respond • Reserve System, 20th Street and Hand Delivery/Courier: Guard’s to, an information collection unless it Desk, East Lobby Entrance, 1700 G displays a currently valid Office of Constitution Avenue, NW., Washington, DC 20551. Street, NW., from 9 a.m. to 4 p.m. on Management and Budget (OMB) control business days, Attention: Information All public comments are available from number. On October 22, 2010, the Collection Comments, Chief Counsel’s the Board’s Web site at http:// agencies, under the auspices of the Office, Attention: ‘‘1550–0120 (FFIEC www.federalreserve.gov/generalinfo/ Federal Financial Institutions 101).’’ Examination Council (FFIEC), requested foia/ProposedRegs.cfm as submitted, Instructions: All submissions received public comment for 60 days on a unless modified for technical reasons. must include the agency name and OMB proposal to extend with revision the Accordingly, your comments will not be Control Number for this information Advanced Capital Adequacy Framework edited to remove any identifying or collection. All comments received will Regulatory Reporting Requirements contact information. Public comments be posted without change to the OTS (FFIEC 101), which is a currently may also be viewed electronically or in Internet Site at http://www.ots.treas.gov/ approved collection of information for paper in Room MP–500 of the Board’s pagehtml.cfm?catNumber=67&an=1, each agency (75 FR 65402). No Martin Building (20th and C Streets, including any personal information comments were received on the NW.) between 9 a.m. and 5 p.m. on provided. proposal. The agencies hereby give weekdays. Docket: For access to the docket to notice of their plan to submit to the FDIC: You may submit comments, read background documents or OMB requests for approval of the FFIEC which should refer to ‘‘FFIEC 101, 3064– comments received, go to http:// 101. 0159,’’ by any of the following methods: www.ots.treas.gov/ DATES: Comments must be submitted on • Agency Web Site: http:// pagehtml.cfm?catNumber=67&an=1. or before February 28, 2011. www.fdic.gov/regulations/laws/federal/ In addition, you may inspect ADDRESSES: Interested parties are propose.html. Follow the instructions comments at the Public Reading Room, invited to submit written comments to for submitting comments on the FDIC 1700 G Street, NW., by appointment. To any or all of the agencies. All comments, Web site. make an appointment for access, call which should refer to the OMB control • Federal eRulemaking Portal: http:// (202) 906–5922, send an e-mail to number(s), will be shared among the www.regulations.gov. Follow the [email protected], or send a agencies. instructions for submitting comments. facsimile transmission to (202) 906–

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7755. (Prior notice identifying the Estimated Total Annual Burden: based approach to calculate regulatory materials you will be requesting will 130,000 hours. credit risk capital and the advanced assist us in serving you.) We schedule measurement approaches to calculate Board appointments on business days between regulatory operational risk capital, as 10 a.m. and 4 p.m. In most cases, OMB Number: 7100–0319. described in the final rule implementing appointments will be available the next Estimated Number of Respondents: 6 the Advanced Capital Adequacy business day following the date we state member banks and 21 bank Framework (72 FR 69288, December 7, receive a request. holding companies. 2007, referred to hereafter as the final Additionally, commenters may send a Estimated Time per Response: 625 rule), is required to file quarterly copy of their comments to the OMB hours. regulatory data. The agencies use these desk officer for the agencies by mail to Estimated Total Annual Burden: data to assess and monitor the levels the Office of Information and Regulatory 52,500 hours. and components of each reporting Affairs, U.S. Office of Management and FDIC entity’s risk-based capital requirements Budget, New Executive Office Building, and the adequacy of the entity’s capital OMB Number: 3064–0159. under the Advanced Capital Adequacy Room 10235, 725 17th Street, NW., Estimated Number of Respondents: 9 Framework; to evaluate the impact and Washington, DC 20503, or by fax to state nonmember banks. (202) 395–6974. Estimated Time per Response: 625 competitive implications of the FOR FURTHER INFORMATION CONTACT: For hours. Advanced Capital Adequacy Framework further information about the revisions Estimated Total Annual Burden: on individual reporting entities and on discussed in this notice, please contact 22,500 hours. an industry-wide basis; and to any of the agency clearance officers supplement on-site examination whose names appear below. In addition, OTS processes. The reporting schedules also copies of the FFIEC 101 can be obtained OMB Number: 1550–0120. assist banks in understanding at the FFIEC’s Web site (http:// Estimated Number of Respondents: 3 expectations around the system www.ffiec.gov/ffiec_report_forms.htm). savings associations. development necessary for OCC: Mary Gottlieb, OCC Clearance Estimated Time per Response: 625 implementation and validation of the Officer, (202) 874–5090, Legislative and hours. Advanced Capital Adequacy Regulatory Activities Division, Office of Estimated Total Annual Burden: Framework. Submitted data that are the Comptroller of the Currency, 250 E 7,500 hours. released publicly following a reporting Street, SW., Washington, DC 20219. General Description of Reports entity’s parallel run period will also Board: Cynthia Ayouch, Acting provide other interested parties with Federal Reserve Board Clearance This information collection is information about banks’ risk-based Officer, (202) 452–3829, Division of mandatory for banks 1 using the capital. Advanced Capital Adequacy Research and Statistics, Board of Current Actions Governors of the Federal Reserve Framework: 12 U.S.C. 161 (for national System, 20th and C Streets, NW., banks), 12 U.S.C. 324 and 12 U.S.C. The agencies propose to implement Washington, DC 20551. 1844(c) (for state member banks and revisions to certain portions of the Telecommunications Device for the Deaf BHCs respectively), 12 U.S.C. 1817 (for FFIEC 101 report principally to align the (TDD) users may call (202) 263–4869. insured state nonmember commercial reporting of the amount of qualifying FDIC: Leneta G. Gregorie, Counsel, and savings banks), and 12 U.S.C. 1464 restricted core capital elements (other (202) 898–3719, Legal Division, Federal (for savings associations). This than cumulative perpetual preferred Deposit Insurance Corporation, 550 17th information collection will be given stock) held by bank holding companies Street, NW., Washington, DC 20429. confidential treatment (5 U.S.C. and qualifying mandatory convertible OTS: Ira L. Mills, OTS Clearance 552(b)(4)) except for selected data items preferred securities held by Officer, at [email protected], (202) (Schedules A and B, and data items 1 internationally active bank holding 906–6531, or facsimile number (202) and 2 of the operational risk Schedule companies to that of Schedule HC–R of 906–6518, Regulations and Legislation S) that will be released for reporting the FR Y–9C 2 by separately including Division, Chief Counsel’s Office, Office periods after an institution has both capital elements in Schedule A of of Thrift Supervision, 1700 G Street, successfully completed its parallel run the FFIEC 101; to require all banks, bank NW., Washington, DC 20552. period and is qualified to use the holding companies, and savings SUPPLEMENTARY INFORMATION: The advanced approaches for regulatory associations to report capital numerator agencies are proposing to revise and capital purposes. The agencies will not information on a common Schedule A extend for three years the FFIEC 101, publicly release information submitted of the FFIEC 101 (Schedule A, Part 2 for which is a currently approved collection during an entity’s parallel run period. savings associations will be eliminated); and to revise the way equity exposures of information for each agency. Abstract Report Title: Advanced Capital are reported in a reformatted Schedule Adequacy Framework Regulatory Each bank that qualifies for and R of the FFIEC 101. The agencies would Reporting Requirements. applies the advanced internal ratings- implement the proposed changes Form Number: FFIEC 101. beginning with the March 31, 2011, Frequency of Response: Quarterly. 1 For simplicity, and unless otherwise indicated, report date. These proposed changes are Affected Public: Business or other for- this notice uses the term ‘‘bank’’ to include banks, savings associations, and bank holding companies described below. profit. (BHCs). The terms ‘‘bank holding company’’ and Discussion of Proposed Revisions to the ‘‘BHC’’ refer only to bank holding companies OCC regulated by the Board and do not include savings FFIEC 101 OMB Number: 1557–0239. and loan holding companies regulated by the OTS. Reporting of information about the Estimated Number of Respondents: 52 For a detailed description of the institutions covered by this notice, refer to Part I, Section 1, of numerator of a bank holding company’s national banks. the final rule entitled Risk-Based Capital Standards: Estimated Time per Response: 625 Advanced Capital Adequacy Framework (72 FR 2 Consolidated Financial Statements for Bank hours. 69397, December 7, 2007). Holding Companies, OMB Number: 7100–0128.

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risk-based capital ratios. For bank clarify what line items need to be maintenance, and purchase of services holding companies subject to these reported based on which of the three to provide information. reporting requirements, the agencies approaches the bank uses to calculate Comments submitted in response to propose to recaption line item 6.b of risk-weighted asset amounts for its this joint notice will be shared among Schedule A, Part 1 of the FFIEC 101 equity exposures: The simple risk the agencies. All comments will become report and to add line item 6.c. Line weight approach (SRWA), the full a matter of public record. item 6.b is currently intended to capture internal models approach (full IMA), or Dated: January 14, 2011. two components of capital that are the IMA applied to only publicly traded Michele Meyer, reported separately on Schedule HC–R equity exposures (publicly traded or Assistant Director, Legislative and Regulatory of the FR Y–9C: The amount of partial IMA). Activities Division, Office of the Comptroller qualifying restricted core capital The reformatted version of Schedule of the Currency. elements (other than cumulative R does not alter any of the existing line Board of Governors of the Federal Reserve perpetual preferred stock) held by bank items in the current schedule. More System, January 25, 2011. holding companies (as reported in item specifically, neither the exposure Jennifer J. Johnson, 6.b of Schedule HC–R) and qualifying categories nor the number of equity Secretary of the Board. mandatory convertible preferred exposure items completed by banks Dated at Washington, DC, this 25th day of securities held by internationally active using a given approach would change as bank holding companies (as reported in January 2011. a result of this proposal. Rather, the Federal Deposit Insurance Corporation. item 6.c of Schedule HC–R). The proposal is to expand the number of Robert E. Feldman, agencies propose to align the reporting columns shown on the schedule from of these capital elements to that of two to six to allow for reporting of a Executive Secretary. Schedule HC–R of the FR Y–9C by distinct set of exposure and risk- Dated: January 24, 2011. separately including both capital weighted asset information for banks Ira L. Mills, elements in the FFIEC 101. These two using the SRWA, a distinct set of Paperwork Clearance Officer, Office of Chief capital elements would replace the exposure and risk-weighted asset Counsel, Office of Thrift Supervision. current item 6.b and would appear, as information for banks using the full [FR Doc. 2011–1945 Filed 1–27–11; 8:45 am] they do on Schedule HC–R in the FR Y– IMA, and a distinct set of exposure and BILLING CODE 4810–33–P 6210–01–P 6714–01–P 6720– 9C, as items 6.b and 6.c of Schedule A, risk-weighted asset information for 01–P Part 1, respectively. Reporting banks using the partial IMA. Each set of instructions for the FFIEC 101 would be exposure and risk-weighted asset DEPARTMENT OF THE TREASURY revised accordingly. The change in columns would appear with the heading reporting would apply only to bank of the applicable final rule approach Office of the Comptroller of the holding companies. used by the bank and only those Currency Reporting of information about the exposure categories (including subtotals numerator of a savings association’s and totals) applicable to a given risk-based capital ratios. For the Federal Reserve System approach would appear within each purposes of simplicity and columnar section of the reformatted comparability of reporting financial Federal Deposit Insurance Corporation schedule (see http://www.ffiec.gov/ information among banks and savings forms101.htm). Reporting instructions Agency Information Collection associations under the Advanced for the FFIEC 101 would be revised Activities: Submission for OMB Capital Adequacy Framework, the accordingly. Review; Joint Comment Request Agencies propose to delete Part 2 of Schedule A for savings associations. Request for Comment AGENCIES: Office of the Comptroller of Instead, all banks, bank holding the Currency (OCC), Treasury; Board of Public comment is requested on all companies, and savings associations Governors of the Federal Reserve aspects of this joint notice. Comments reporting under the Advanced Capital System (Board); and Federal Deposit are invited on: Adequacy Framework would report on Insurance Corporation (FDIC). (a) Whether the proposed revisions to the same Schedule A form (see http:// ACTION: Notice of information collection the collection of information that are the www.ffiec.gov/forms101.htm). Reporting to be submitted to OMB for review and subject of this notice are necessary for instructions for the FFIEC 101 would be approval under the Paperwork the proper performance of the agencies’ revised accordingly. Reduction Act of 1995. Reporting of information on equity functions, including whether the exposures. Banks subject to these information has practical utility; SUMMARY: In accordance with the reporting requirements currently (b) The accuracy of the agencies’ requirements of the Paperwork provide information about equity estimates of the burden of the Reduction Act (PRA) of 1995 (44 U.S.C. exposure amounts and the risk-weighted information collection as they are chapter 35), the OCC, the Board, and the asset amount of these exposures in proposed to be revised, including the FDIC (the ‘‘agencies’’) may not conduct Schedule R of the FFIEC 101. This validity of the methodology and or sponsor, and the respondent is not schedule currently contains 22 line assumptions used; required to respond to, an information items (exposure categories, subtotals, (c) Ways to enhance the quality, collection unless it displays a currently and totals) and two columns (exposure utility, and clarity of the information valid Office of Management and Budget and risk-weighted asset amounts) in collected; (OMB) control number. On September which data are reported. A number of (d) Ways to minimize the burden of 30, 2010, the agencies, under the the line items listed on the schedule information collections on respondents, auspices of the Federal Financial only apply to certain approaches including through the use of automated Institutions Examination Council contained within the final rule for collection techniques or other forms of (FFIEC), requested public comment for calculating risk-weighted asset amounts information technology; and 60 days on a proposal to extend, with for equity exposures. The agencies (e) Estimates of capital or start up revision, the Consolidated Reports of propose to reformat Schedule R to costs and costs of operation, Condition and Income (Call Report),

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which are currently approved All public comments are available Regulatory Activities Division, Office of collections of information. After from the Board’s Web site at http:// the Comptroller of the Currency, 250 E considering the comments received on www.federalreserve.gov/generalinfo/ Street, SW., Washington, DC 20219. the proposal, the FFIEC and the foia/ProposedRegs.cfm as submitted, Board: Cynthia Ayouch, Acting agencies will proceed with most, but not unless modified for technical reasons. Federal Reserve Board Clearance all, of the reporting changes that had Accordingly, your comments will not be Officer, (202) 452–3829, Division of been proposed and they will also revise edited to remove any identifying or Research and Statistics, Board of two other Call Report items in response contact information. Public comments Governors of the Federal Reserve to commenters’ recommendations. For may also be viewed electronically or in System, 20th and C Streets, NW., some of the reporting changes that the paper in Room MP–500 of the Board’s Washington, DC 20551. agencies plan to implement, limited Martin Building (20th and C Streets, Telecommunications Device for the Deaf modifications have been made to the NW.) between 9 a.m. and 5 p.m. on (TDD) users may call (202) 263–4869. original proposals in response to the weekdays. FDIC: Gary A. Kuiper, Counsel, (202) comments. FDIC: You may submit comments, 898–3877, Legal Division, Federal which should refer to ‘‘Consolidated Deposit Insurance Corporation, 550 17th DATES: Comments must be submitted on Reports of Condition and Income, 3064– Street, NW., Washington, DC 20429. or before February 28, 2011. 0052,’’ by any of the following methods: SUPPLEMENTARY INFORMATION: The ADDRESSES: Interested parties are • Agency Web Site: http:// agencies are proposing to revise and invited to submit written comments to www.fdic.gov/regulations/laws/federal/ extend for three years the Call Report, any or all of the agencies. All comments, propose.html. Follow the instructions which is currently an approved which should refer to the OMB control for submitting comments on the FDIC collection of information for each number(s), will be shared among the Web site. agency. agencies. • Federal eRulemaking Portal: http:// Report Title: Consolidated Reports of OCC: You should direct all written www.regulations.gov. Follow the Condition and Income (Call Report). comments to: Communications instructions for submitting comments. Form Number: Call Report: FFIEC 031 Division, Office of the Comptroller of • E-mail: [email protected]. (for banks with domestic and foreign the Currency, Mailstop 2–3, Attention: Include ‘‘Consolidated Reports of offices) and FFIEC 041 (for banks with 1557–0081, 250 E Street, SW., Condition and Income, 3064–0052’’ in domestic offices only). Washington, DC 20219. In addition, the subject line of the message. Frequency of Response: Quarterly. comments may be sent by fax to (202) • Mail: Gary A. Kuiper, (202) 898– Affected Public: Business or other for- 874–5274, or by electronic mail to 3877, Counsel, Attn: Comments, Room profit. [email protected]. You may F–1086, Federal Deposit Insurance OCC personally inspect and photocopy Corporation, 550 17th Street, NW., comments at the OCC, 250 E Street, OMB Number: 1557–0081. Washington, DC 20429. Estimated Number of Respondents: SW., Washington, DC 20219. For • Hand Delivery: Comments may be 1,491 national banks. security reasons, the OCC requires that hand delivered to the guard station at Estimated Time per Response: 53.25 visitors make an appointment to inspect the rear of the 550 17th Street Building burden hours. comments. You may do so by calling (located on F Street) on business days Estimated Total Annual Burden: (202) 874–4700. Upon arrival, visitors between 7 a.m. and 5 p.m. 317,583 burden hours. will be required to present valid Public Inspection: All comments government-issued photo identification received will be posted without change Board and to submit to security screening in to http://www.fdic.gov/regulations/laws/ OMB Number: 7100–0036. order to inspect and photocopy federal/propose.html including any Estimated Number of Respondents: comments. personal information provided. 841 State member banks. Board: You may submit comments, Comments may be inspected at the FDIC Estimated Time per Response: 55.19 which should refer to ‘‘Consolidated Public Information Center, Room E– burden hours. Reports of Condition and Income (FFIEC 1002, 3501 Fairfax Drive, Arlington, VA Estimated Total Annual Burden: 031 and 041),’’ by any of the following 22226, between 9 a.m. and 5 p.m. on 185,659 burden hours. methods: business days. FDIC • Agency Web Site: http:// Additionally, commenters may send a www.federalreserve.gov. Follow the OMB Number: 3064–0052. copy of their comments to the OMB Estimated Number of Respondents: instructions for submitting comments desk officer for the agencies by mail to 4,713 insured State nonmember banks. on the http://www.federalreserve.gov/ the Office of Information and Regulatory Estimated Time per Response: 40.42 generalinfo/foia/ProposedRegs.cfm. Affairs, U.S. Office of Management and • burden hours. Federal eRulemaking Portal: http:// Budget, New Executive Office Building, Estimated Total Annual Burden: www.regulations.gov. Follow the Room 10235, 725 17th Street, NW., 761,998 burden hours. instructions for submitting comments. Washington, DC 20503, or by fax to The estimated time per response for • E-mail: regs.comments@ (202) 395–6974. the Call Report is an average that varies federalreserve.gov. Include reporting FOR FURTHER INFORMATION CONTACT: For by agency because of differences in the form number in the subject line of the further information about the revisions composition of the institutions under message. discussed in this notice, please contact each agency’s supervision (e.g., size • Fax: (202) 452–3819 or (202) 452– any of the agency clearance officers distribution of institutions, types of 3102. whose names appear below. In addition, activities in which they are engaged, • Mail: Jennifer J. Johnson, Secretary, copies of the Call Report forms can be and existence of foreign offices). The Board of Governors of the Federal obtained at the FFIEC’s Web site (http:// average reporting burden for the Call Reserve System, 20th Street and www.ffiec.gov/ffiec_report_forms.htm). Report is estimated to range from 17 to Constitution Avenue, NW., Washington, OCC: Mary Gottlieb, OCC Clearance 665 hours per quarter, depending on an DC 20551. Officer, (202) 874–5090, Legislative and individual institution’s circumstances.

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General Description of Reports proposal, but it also provided comments assessment base from one based on These information collections are on several of the proposed Call Report domestic deposits to one based on mandatory: 12 U.S.C. 161 (for national revisions. Another bankers’ association assets. The agencies will soon be banks), 12 U.S.C. 324 (for State member reported that its ‘‘members have publishing an initial PRA Federal banks), and 12 U.S.C. 1817 (for insured expressed no concerns with many of the Register notice to request comment on State nonmember commercial and agencies’ proposed revisions,’’ but it proposed revisions to Schedule RC–O savings banks). At present, except for suggested that the agencies make several that will support the proposed changes selected data items, these information changes to the revisions. Only three in the FDIC’s method of calculating an collections are not given confidential commenters expressed an overall view institution’s assessment base. The following section of this notice treatment. on the proposal. One banker stated that ‘‘I generally support the Agencies describes the proposed Call Report Abstract proposal,’’ but added that a few items changes and discusses the agencies’ Institutions submit Call Report data to deserve further consideration. The evaluation of the comments received on the agencies each quarter for the individual who commented stated that the proposed changes, including agencies’ use in monitoring the ‘‘[i]n form and virtually all substance I modifications that the FFIEC and the condition, performance, and risk profile agree with the requests for data and agencies have decided to implement in of individual institutions and the changes for the definitions.’’ In contrast, response to those comments. The industry as a whole. Call Report data another banker expressed ‘‘deep concern following section also addresses the provide the most current statistical data over the proposed changes,’’ adding that agencies’ response to the comments available for evaluating institutions’ ‘‘this is not the time to place additional from the two bankers’ associations corporate applications, for identifying burdens on community banks.’’ concerning the definition of core areas of focus for both on-site and off- In addition, one bankers’ association deposits, which was not an element of site examinations, and for monetary and provided comments on the definition of the agencies’ September 30, 2010, Call other public policy purposes. The core deposits, which was not part of the Report proposal. In summary, after considering the agencies use Call Report data in agencies’ proposal. The association comments received on the proposed evaluating interstate merger and noted that the definition currently Call Report revisions, the FFIEC and the acquisition applications to determine, as incorporates a $100,000 threshold for agencies plan to move forward as of the required by law, whether the resulting time deposits, which was the standard March 31, 2011, report date with most, institution would control more than ten maximum deposit insurance amount but not all, of the proposed reporting percent of the total amount of deposits prior to the enactment of the Dodd- changes after making certain of insured depository institutions in the Frank Wall Street Reform and Consumer modifications in response to the United States. Call Report data are also Protection Act, Public Law 111–203 (July 21, 2010). This legislation comments. The agencies will not used to calculate institutions’ deposit implement the items for interest income insurance and Financing Corporation permanently increased the standard maximum amount to $250,000 on July and quarterly averages for automobile assessments and national banks’ loans as had been proposed, but will semiannual assessment fees. 21, 2010. Accordingly, the bankers’ association urged the agencies to adjust add items for automobile loans to the Current Actions the core deposit threshold to $250,000 other Call Report schedules for which this revision had been proposed. After I. Overview for consistency with the deposit insurance limit. Another bankers’ evaluating the automobile loan data that On September 30, 2010, the agencies association also addressed the banks report, the agencies may propose requested comment on proposed permanent increase in the standard in the future to collect interest income revisions to the Call Report (75 FR maximum deposit insurance amount and quarterly averages for such loans. In 60497). The agencies proposed to from $100,000 to $250,000, indicating addition, the agencies have decided not implement certain changes to the Call that this change removed the need to to add the proposed breakdown of Report requirements as of March 31, continue to base the identification of deposits of individuals, partnerships, 2011, to provide data needed for reasons core deposits on the $100,000 threshold. and corporations into deposits of of safety and soundness or other public The association recommended that the individuals and deposits of partnerships purposes. The proposed revisions agencies revise and update the Call and corporations. The agencies also are would assist the agencies in gaining a Report accordingly. not proceeding with a proposed better understanding of banks’ credit This second bankers’ association also instructional change that would have and liquidity risk exposures, primarily recommended that the agencies revise revised the treatment of assets and through enhanced data on lending and and update Call Report Schedule RC–O, liabilities whose interest rates have securitization activities and sources of Other Data for Deposit Insurance and reached contractual ceilings or floors deposits. The banking agencies also FICO Assessments, ‘‘to eliminate items when reporting repricing data. The proposed certain revisions to the Call that are no longer necessary in light of proposed breakdown of life insurance Report instructions. the new method for calculating the assets into general and separate account The agencies collectively received deposit insurance assessment base, as assets will be modified to also include comments from 23 respondents: thirteen required by the Dodd-Frank Act.’’ The a category for hybrid account assets. banks, three bankers’ associations, two agencies note that the FDIC published a Finally, to implement revised law firms, two insurance consultants, an Notice of Proposed Rulemaking on definitions for core deposits and non- insurance company, a deposit listing November 24, 2010,1 to amend its core funding, the agencies will add two- service, and an individual. Respondents deposit insurance assessment way breakdowns of two existing items tended to comment on one or more regulations to implement the provision for certain deposits with a remaining specific aspects of the proposal rather of the Dodd-Frank Act that changes the maturity of one year or less in the Call than addressing each individual Report deposits schedule. proposed Call Report revision. One 1 See 75 FR 72582, November 24, 2010, at The agencies recognize institutions’ bankers’ association observed that it http://www.fdic.gov/regulations/laws/federal/2010/ need for lead time to prepare for supports the objective of the agencies’ 10proposeAD66.pdf. reporting changes. Thus, consistent with

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longstanding practice, for the March 31, 031 2), (11) Commercial and industrial following the completion of 2011, report date, banks may provide loans, (12) Consumer credit cards, (13) construction in Schedule RC–C, part I, reasonable estimates for any new or Consumer automobile loans, (14) Other Loans and Leases, and other schedules revised Call Report item initially consumer loans, and (15) All other loans that collect loan data. required to be reported as of that date and all leases 3; The agencies received one or more for which the requested information is • New items for the total assets of comments specifically addressing or not readily available. Furthermore, the captive insurance and reinsurance otherwise relating to each of the subsidiaries in Schedule RC–M, following proposed revisions: specific wording of the captions for the • new or revised Call Report data items Memoranda; A breakdown by loan category of • and the numbering of these data items New Memorandum items in the existing Memorandum items for ‘‘ ’’ discussed in this notice should be Schedule RI, Income Statement, for Other loans and leases that are troubled debt restructurings and are past regarded as preliminary. credit valuation adjustments and debit valuation adjustments included in due 30 days or more or in nonaccrual Type of Review: Revision and trading revenues for banks with total status (in Schedule RC–N, Past Due and extension of currently approved assets of $100 billion or more; Nonaccrual Loans, Leases, and Other collections. • A change in reporting frequency Assets) or are in compliance with their modified terms (in Schedule RC–C, part II. Discussion of Proposed Call Report from annual to quarterly for the data I, Loans and Leases) as well as the Revisions reported in Schedule RC–T, Fiduciary and Related Services, on collective elimination of the exclusion from The agencies received comments investment funds and common trust reporting restructured troubled expressing support for, or no comments funds for those banks that currently consumer loans in these Memorandum report fiduciary assets and income items; specifically addressing, the following • revisions, and therefore these revisions quarterly, i.e., banks with fiduciary A breakdown of ‘‘Other consumer will be implemented effective March 31, assets greater than $250 million or gross loans’’ into automobile loans and all 2011, as proposed: fiduciary income greater than 10 percent other consumer loans in the Call Report of bank revenue; and schedules in which loan data are • A breakdown of the existing items • Instructional revisions that address reported: Schedule RC–C, part I, Loans for commercial mortgage-backed the reporting of construction loans and Leases; Schedule RC–D, Trading securities between those issued or Assets and Liabilities; Schedule RC–K, guaranteed by U.S. Government 2 As originally proposed, ‘‘Loans to finance Quarterly Averages; Schedule RC–N, agencies and sponsored-agencies and agricultural production and other loans to farmers’’ Past Due and Nonaccrual Loans, Leases, those that are not in Schedule RC–B, would have been one of the categories of covered and Other Assets; Schedule RI, Income Securities, and Schedule RC–D, Trading loans on the FFIEC 041. For consistency with the loan categories included in Schedule RC–N on the Statement; and Schedule RI–B, part I, Assets and Liabilities; FFIEC 041, the agencies will include ‘‘Loans to Charge-offs and Recoveries on Loans • Breakdowns of the existing items finance agricultural production and other loans to and Leases; for loans and other real estate owned farmers’’ within ‘‘All other loans and all leases.’’ See • A new Memorandum item for the footnote 3. estimated amount of nonbrokered (OREO) covered by FDIC loss-sharing 3 For individual loan and lease subcategories agreements by loan and OREO category within ‘‘All other loans and all leases’’ that exceed deposits obtained through the use of in Schedule RC–M, Memoranda, along 10 percent of total loans and leases covered by FDIC deposit listing service companies in with a breakdown of the existing items loss-sharing agreements, the amount of covered Schedule RC–E, Deposit Liabilities; loans in that subcategory must be itemized in • A breakdown of the existing items in Schedule RC–N, Past Due and Schedule RC–M, item 13.a.(5), and in Schedule RC– Nonaccrual Loans, Leases, and Other N, item 11.e. To simplify and clarify the reporting for deposits of individuals, Assets, for reporting past due and of these individual subcategories in these two partnerships, and corporations between nonaccrual U.S. Government-guaranteed items, the agencies will include preprinted captions deposits of individuals and deposits of for each of the individual subcategories within ‘‘All loans to segregate those covered by FDIC partnerships and corporations in other loans and all leases’’ to facilitate banks’ efforts Schedule RC–E, Deposit Liabilities; loss-sharing agreements (which would to itemize these subcategories. As originally • be reported by loan category) from other proposed, banks would have had to enter the titles A new Schedule RC–V, Variable of the subcategories themselves. Specifically, Interest Entities, for reporting the guaranteed loans. The categories of Schedule RC–M, item 13.a.(5), and Schedule RC–N, covered loans to be reported would be categories of assets of consolidated item 11.e, will have preprinted captions for the variable interest entities (VIEs) that can (1) 1–4 family residential construction following loan and lease subcategories: (1) Loans to be used only to settle the VIEs’ loans, (2) Other construction loans and depository institutions and acceptances of other banks, (2) Loans to foreign governments and official obligations, the categories of liabilities all land development and other land institutions, (3) Other loans (i.e., Obligations (other of consolidated VIEs without recourse to loans, (3) Loans secured by farmland, (4) than securities and leases) of States and political the bank’s general credit, and the total Revolving, open-end loans secured by subdivisions in the U.S. and Loans to assets and total liabilities of other 1–4 family residential properties and nondepository financial institutions and other loans); (4) on the FFIEC 031 only, Loans secured by consolidated VIEs included in the extended under lines of credit, (5) real estate in foreign offices, and (5) Lease financing bank’s total assets and total liabilities, Closed-end loans secured by first liens receivables. On the FFIEC 041 only, ‘‘Other loans’’ with these data reported separately for on 1–4 family residential properties, (6) also would include ‘‘Loans to finance agricultural securitization trusts, asset-backed Closed-end loans secured by junior liens production and other loans to farmers.’’ A preprinted caption would be provided on the FFIEC commercial paper conduits, and other on 1–4 family residential properties, (7) 041 for ‘‘Loans to finance agricultural production VIEs; Loans secured by multifamily (5 or and other loans to farmers,’’ which would be • A breakdown of the existing item more) residential properties, (8) Loans applicable to banks with $300 million or more in for ‘‘Life insurance assets’’ in Schedule secured by owner-occupied nonfarm total assets and banks with less than $300 million in total assets that have loans to finance agricultural RC–F, Other Assets, into items for nonresidential properties, (9) Loans production and other loans to farmers exceeding general account and separate account secured by other nonfarm five percent of total loans at which the amount of life insurance assets; and nonresidential properties, (10) Loans to ‘‘Loans to finance agricultural loans and other loans • Instructional changes (1) finance agricultural production and to farmers’’ included in ‘‘All other loans and all leases’’ covered by FDIC loss-sharing agreements incorporating residential mortgages held other loans to farmers (on the FFIEC exceeds the 10 percent threshold for itemization. for trading within the scope of Schedule

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RC–P, 1–4 Family Residential Mortgage commercial borrowers, the agencies However, the agencies note that, under Banking Activities, and (2) revising the issued guidance on commercial real generally accepted accounting treatment of assets and liabilities whose estate loan workouts in October 2009 principles, troubled debt restructurings interest rates have reached contractual and small business lending in February do not include changes in lease ceilings or floors for purposes of 2010. Although this guidance has agreements 4 and they therefore propose reporting maturity and repricing data in explained the agencies’ expectations for to exclude leases from Schedule RC–C, Schedule RC–B, Securities; Schedule prudent workouts, the agencies and the part I, Memorandum item 1, and from RC–C, part I, Loans and Leases; industry would benefit from additional Schedule RC–N, Memorandum item 1. Schedule RC–E, Deposit Liabilities; and reliable data outside the examination Thus, the banking agencies’ proposed Schedule RC–M, Memoranda. process to assess restructuring activity breakdowns of existing Memorandum The comments related to each of these for commercial real estate loans and item 1.b in both Schedule RC–C, part I, proposed revisions are discussed in commercial and industrial loans. and Schedule RC–N would create new Sections II.A. through II.G. of this notice Further, it is important to separately Memorandum items in both schedules along with the agencies’ response to identify commercial real estate loan covering troubled debt restructurings of these comments. The agencies also restructurings from commercial and ‘‘1–4 family residential construction received comments regarding a change industrial loan restructurings given that loans,’’ ‘‘Other construction loans and all in the definition of core deposits, which the value of the real estate collateral is land development and other land is derived from Call Report data and a consideration in a bank’s decision to loans,’’ loans ‘‘Secured by multifamily (5 which the agencies had not included in modify the terms of a commercial real or more) residential properties,’’ ‘‘Loans their proposal. The core deposit issue is estate loan in a troubled debt secured by owner-occupied nonfarm discussed in Section II.H. restructuring, but such collateral nonresidential properties,’’ ‘‘Loans secured by other nonfarm A. Troubled Debt Restructurings protection would normally be absent from commercial and industrial loans nonresidential properties,’’ ‘‘Commercial The banking agencies proposed that for which a loan modification is being and industrial loans,’’ and ‘‘All other banks report additional detail on loans explored because of borrowers’ financial loans (including loans to individuals for that have undergone troubled debt difficulties. household, family, and other personal restructurings in Call Report Schedule It is also anticipated that other loan expenditures).’’ 5 If restructured loans in RC–C, part I, Loans and Leases, and categories will experience continued any category of loans (as defined in Schedule RC–N, Past Due and workout activity in the coming months Schedule RC–C, part I) included in Nonaccrual Loans, Leases, and Other given that most asset classes have been restructured ‘‘All other loans’’ exceeds Assets. More specifically, Schedule RC– adversely impacted by the recent 10 percent of the amount of restructured C, part I, Memorandum item 1.b, ‘‘Other recession. This impact is evidenced by ‘‘All other loans,’’ the amount of loans and all leases’’ restructured and in the increase in past due and nonaccrual restructured loans in this category or compliance with modified terms, and assets across virtually all asset classes categories must be itemized and Schedule RC–N, Memorandum item 1.b, during the past two to three years. described. Restructured ‘‘Other loans and all Presently, banks report loans and Finally, Schedule RC–C, part I, leases’’ that are past due or in leases restructured and in compliance Memorandum item 1, and Schedule RC– nonaccrual status and included in with their modified terms (Schedule N, Memorandum item 1, are intended to Schedule RC–N, would be broken out to RC–C, part I, Memorandum item 1) with capture data on loans that have provide information on restructured separate disclosure of (a) loans secured undergone troubled debt restructurings troubled loans for many of the loan by 1–4 family residential properties (in as that term is defined in U.S. generally categories reported in the bodies of domestic offices) and (b) other loans and accepted accounting principles (GAAP). Schedule RC–C, part I, and Schedule all leases (excluding loans to However, the captions of these two RC–N. The breakout would also include individuals for household, family, and Memorandum items include only the ‘‘Loans to individuals for household, other personal expenditures). This same term ‘‘restructured’’ rather than family, and other personal breakout is reflected in Schedule RC–N, explicitly mentioning troubled debt expenditures’’ whose terms have been Memorandum item 1, for past due and restructurings, which has led to modified in troubled debt nonaccrual restructured troubled loans. questions about the scope of these restructurings, which are currently The broad category of ‘‘other loans’’ in Memorandum items. Accordingly, the excluded from the reporting of troubled Schedule RC–C, part I, Memorandum agencies proposed to revise the captions debt restructurings in the Call Report. item 1.b, and Schedule RC–N, so they clearly indicate the loans to be In the aggregate, troubled debt Memorandum item 1.b, does not permit reported in Schedule RC–C, part I, restructurings for all insured an adequate analysis of troubled debt Memorandum item 1, and Schedule RC– institutions have grown from $6.9 restructurings. In addition, the N, Memorandum item 1, are troubled billion at year-end 2007, to $24.0 billion disclosure requirements for troubled debt restructurings. at year-end 2008, to $58.1 billion at debt restructurings under generally The agencies received comments from year-end 2009, with a further increase to accepted accounting principles do not three bankers’ associations on the $80.3 billion as of September 30, 2010. exempt restructurings of loans to proposed additional detail on loans that The proposed additional detail on individuals for household, family, and have undergone troubled debt troubled debt restructurings in other personal expenditures. Therefore, Schedules RC–C, part I, and RC–N if the Call Report added more detail to 4 Financial Accounting Standards Board (FASB) would enable the agencies to better match the reporting of loans in Accounting Standards Codification (ASC) understand the level of restructuring paragraph 470–60–15–11. Schedule RC–C, part I, and Schedule 5 For banks with foreign offices, the activity at banks, the categories of loans RC–N, the new data would provide the Memorandum items for restructured real estate involved in this activity, and, therefore, banking agencies with the level of loans would cover such loans in domestic offices. whether banks are working with their information necessary to assess banks’ In addition, banks with foreign offices or with $300 million or more in total assets would also provide borrowers to modify and restructure troubled debt restructurings to the same a breakdown of restructured commercial and loans. In particular, to encourage banks extent that other loan quality and industrial loans between U.S. and non-U.S. to work constructively with their performance indicators can be assessed. addressees.

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restructurings. Two of the commenters This is the accounting basis for the Loans secured by real estate in foreign recommended the agencies defer the current reporting of restructured offices. proposed troubled debt restructuring troubled loans in existing Schedule RC– B. Automobile Loans revisions, including the new C, part I, Memorandum items 1.a and breakdowns by loan category, until the 1.b, and Schedule RC–N, Memorandum The banking agencies proposed to add FASB finalizes proposed clarifications items 1.a and 1.b. The proposed a breakdown of the ‘‘other consumer to the accounting for troubled debt breakdown of the total amount of loans’’ loan category in several Call restructurings by creditors.6 In addition, restructured ‘‘other loans’’ in existing Report schedules in order to separately two of the bankers’ associations Memorandum item 1.b in both collect information on automobile loans. recommended retaining the term schedules would result in additional The affected schedules would be ‘‘restructured’’ in the caption titles detail on loans already within the scope Schedule RC–C, part I, Loans and instead of changing to the term of ASC Subtopic 310–40. To the extent Leases; Schedule RC–D, Trading Assets ‘‘troubled debt restructurings,’’ stating the clarifications emanating from the and Liabilities; Schedule RC–K, that changing this term would result in FASB proposed accounting standards Quarterly Averages; Schedule RC–N, the collection of only a subset of total update may result in banks having to Past Due and Nonaccrual Loans, Leases, restructurings and would misrepresent report certain loans as troubled debt and Other Assets; Schedule RI, Income banks’ efforts to work with their restructurings that had not previously Statement; and Schedule RI–B, part I, customers. been identified as such, this accounting Charge-offs and Recoveries on Loans As noted above, banks currently outcome will arise irrespective of the and Leases. Auto loans would include report loans and leases restructured and proposed breakdown of the ‘‘other loans arising from retail sales of in compliance with their modified terms loans’’ category in Schedule RC–C, part passenger cars and other vehicles such in Schedule RC–C, part I, Memorandum I, Memorandum item 1, and Schedule as minivans, vans, sport-utility vehicles, item 1, with separate disclosure of (a) RC–N, Memorandum item 1. Therefore, pickup trucks, and similar light trucks loans secured by 1–4 family residential the agencies will implement the new for personal use. This new loan category properties and (b) other loans and all breakdown for the reporting of troubled would exclude loans to finance fleet leases. This same breakout is currently debt restructurings as proposed. sales, personal cash loans secured by collected for past due and nonaccrual However, to simplify and clarify the automobiles already paid for, loans to restructured loans in Schedule RC–N, reporting of loan categories within ‘‘All finance the purchase of commercial Memorandum item 1. Although the other loans’’ that exceed 10 percent of vehicles and farm equipment, and auto lease financing. captions for these line items do not use the amount of ‘‘All other loans’’ Automobile loans are a significant the term ‘‘troubled debt restructurings,’’ restructured in troubled debt consumer business for many large the line item instructions generally restructurings, as described above, the banks. Because of the limited disclosure characterize loans reported in these agencies will include preprinted of auto lending on existing regulatory items as troubled debt restructurings captions for the various possible loan reports, supervisory oversight of auto and direct the reader to the Glossary categories to facilitate banks’ efforts to lending is presently diminished by the entry for ‘‘troubled debt restructurings’’ itemize and describe these categories. need to rely on the examination process for further information. Furthermore, Specifically, Schedule RC–C, and public information sources that the Glossary entry states that ‘‘all loans Memorandum item 1.f, and Schedule provide overall market information but that have undergone troubled debt RC–N, Memorandum item 1.f, will have not data on idiosyncratic risks. restructurings and that are in preprinted captions for the following Roughly 65 percent of new vehicle compliance with their modified terms loan categories: (1) Loans secured by sales and 40 percent of used vehicle must be reported as restructured loans farmland (in domestic offices), (2) Loans sales are funded with auto loans. in Schedule RC–C, part I, Memorandum to depository institutions and According to household surveys and item 1.’’ Therefore, the agencies’ acceptances of other banks, (3) Loans to data on loan originations, banks are an longstanding intent has been to collect finance agricultural production and important source of auto loans. In 2008, information on troubled debt other loans to farmers (on the FFIEC this sector originated approximately restructurings in these line items, and 031), (4) Credit cards, (5) Automobile one-third of all auto loans. Finance these items were not designed to loans, (6) Other consumer loans, (7) companies, both independent entities include loan modifications and Loans to foreign governments and and affiliates of auto manufacturers, restructurings that do not constitute official institutions, (8) Other loans (i.e., originated a bit more than one-third, troubled debt restructurings (e.g., where Obligations (other than securities and while credit unions originated a bit less a bank grants a concession to a borrower leases) of States and political than one-quarter. In addition to who is not experiencing financial subdivisions in the U.S. and Loans to originating auto loans, some banks difficulties). nondepository financial institutions and purchase auto loans originated by other The accounting standards for troubled other loans),7 and (9) on the FFIEC 031, entities, which suggests that commercial debt restructurings are set forth in ASC banks could be the largest holder of auto Subtopic 310–40, Receivables— 7 On the FFIEC 041 only, ‘‘Other loans’’ also loans. Troubled Debt Restructurings by would include ‘‘Loans to finance agricultural production and other loans to farmers.’’ A Despite the importance of banks to the Creditors (formerly FASB Statement No. auto loan market, the agencies know ‘‘ preprinted caption would be provided on the FFIEC 15, Accounting by Debtors and 041 for ‘‘Loans to finance agricultural production less about banks’ holdings of auto loans Creditors for Troubled Debt and other loans to farmers,’’ which would be than is known about finance company, Restructurings,’’ as amended by FASB applicable to banks with $300 million or more in total assets and banks with less than $300 million credit union, and savings association Statement No. 114, ‘‘Accounting by holdings of these loans. All nonbank ’’ in total assets that have loans to finance agricultural Creditors for Impairment of a Loan ). production and other loans to farmers exceeding depository institutions are required to five percent of total loans at which the amount of report auto loans on their respective 6 FASB Proposed Accounting Standards Update ‘‘Loans to finance agricultural loans and other loans (ASU): Receivables (Topic 310), Clarifications to to farmers’’ included in ‘‘All other loans’’ regulatory reports, including savings Accounting for Troubled Debt Restructurings by restructured in troubled debt restructurings exceeds associations, which originate less than Creditors. the 10 percent threshold for itemization. five percent of auto loans. On their

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regulatory reports, credit unions must category makes it difficult to adequately Report items for auto loans. For provide not only the outstanding monitor consumer loan performance. consumer loans originated or purchased amount of new and used auto loans, but The agencies received three on or after April 1, 2011, banks should also the average interest rate and the comments from banks and one comment exclude from auto loans any personal number of loans. In a monthly survey, from a bankers’ association on the cash loans secured by automobiles the Federal Reserve collects information proposal to separately collect already paid for and consumer loans on the amount of auto loans held by information on automobile loans in Call where some of the proceeds are used to finance companies. As a consequence, Report schedules containing loan purchase an auto and the remainder of during the financial crisis when funds category data. The three banks requested the proceeds are used for other were scarce for finance companies in an exemption from the proposed purposes. general and the finance companies reporting requirements for smaller C. Nonbrokered Deposits Obtained affiliated with automakers in particular, banks, with one of the banks seeking the Through the Use of Deposit Listing a lack of data on auto loans at banks exemption only for reporting auto loan Service Companies hindered the banking agencies’ ability to interest income and quarterly averages. estimate the extent to which banks were The bankers’ association stated that this In its semiannual report to the filling in the gap in auto lending left by revision should not create a significant Congress covering October 1, 2009, the finance companies. burden for future loans because core through March 31, 2010, the FDIC’s Additional disclosure regarding auto data processors generally have the Office of Inspector General addressed loans on bank Call Reports is especially ability to break out loan types, but it causes of bank failures and material important with the implementation of also asked for clarification on the losses and noted that ‘‘[f]ailed the amendments to ASC Topics 860, reporting for situations in which auto institutions often exhibited a growing Transfers and Servicing, and 810, loans are extended for multiple dependence on volatile, non-core Consolidation, resulting from ASU No. purposes. In addition, the bankers’ funding sources, such as brokered 2009–16 (formerly Statement of association observed that some deposits, Federal Home Loan Bank Financial Accounting Standards (SFAS) community banks do not have data advances, and Internet certificates of No. 166, Accounting for Transfers of readily available on the types or deposit.’’ 8 At present, banks report Financial Assets (FAS 166)), and ASU purposes of existing consumer loans, information on their funding in the form No. 2009–17 (formerly SFAS No. 167, which would prevent them from of brokered deposits in Memorandum Amendments to FASB Interpretation determining the purpose of loans items 1.b through 1.d of Schedule RC– No. 46(R) (FAS 167)), respectively. Until collateralized by autos, i.e., for the E, Deposit Liabilities. Data on Federal 2010, Call Report Schedule RC–S had purchase of the auto or for some other Home Loan Bank advances are reported provided the best supervisory purpose, without searching paper loan in items 5.a.(1) through (3) of Schedule information on auto lending because it files. RC–M, Memoranda. These data are an included a separate breakout of After considering these comments, the integral component of the banking securitized auto loans outstanding as agencies continue to believe the agencies’ analyses of individual well as securitized auto loan reporting of information on auto loans institutions’ liquidity and funding, delinquencies and charge-offs. However, from all banks is necessary for the including their reliance on non-core the accounting changes brought about agencies to carry out their supervisory sources to fund their activities. by the amendments to ASC Topics 860 and regulatory responsibilities and meet Deposit brokers have traditionally and 810 mean that if the auto loan other public policy purposes. However, provided intermediary services for securitization vehicle is now required to the agencies agree that the reporting of financial institutions and investors. be consolidated, securitized auto interest income and quarterly averages However, the Internet, deposit listing lending previously reported on for auto loans may be particularly services, and other automated services Schedule RC–S will be grouped as part burdensome for banks to report. now enable investors who focus on of ‘‘other consumer loans’’ on Schedules Therefore, the agencies will not yield to easily identify high-yielding RC–C, part I; RC–D; RC–K; RC–N; RI; implement the proposed collection of deposit sources. Such customers are and RI–B, part I, which diminishes auto loan data on Schedule RI, Income highly rate sensitive and can be a less supervisors’ ability to assess auto loan Statement, or Schedule RC–K, Quarterly stable source of funding than typical exposures and performance. Averages, in 2011. Instead, the agencies relationship deposit customers. Because Finally, separating auto lending from will evaluate the auto loan data that will they often have no other relationship other consumer loans would assist the begin to be collected in the other Call with the bank, these customers may agencies in understanding consumer Report schedules in March 2011 and rapidly transfer funds to other lending activities at individual reconsider whether to collect data on institutions if more attractive returns institutions. When an institution holds interest income and quarterly averages become available. both auto loans and other types of for auto loans. A decision to propose to The agencies expect each institution consumer loans (other than credit cards, collect auto loan interest income and to establish and adhere to a sound which are currently reported quarterly averages would be subject to liquidity and funds management policy. separately), the current combined notice and comment. The institution’s board of directors, or a reporting of these loans in the Call Regarding the request for clarification committee of the board, also should Report tends to mask any significant of the reporting treatment for auto loans ensure that senior management takes the differences that may exist in the extended for multiple purposes and necessary steps to monitor and control performance of these portfolios. For existing consumer loans with autos as liquidity risk. This process includes example, a bank could have a sizeable collateral, the agencies have concluded establishing procedures, guidelines, auto loan portfolio with low loan losses, that, to reduce burden, all consumer internal controls, and limits for but its other consumer lending, which loans originated or purchased before managing and monitoring liquidity and could consist primarily of unsecured April 1, 2011, that are collateralized by reviewing the institution’s liquidity loans, could exhibit very high loss rates. automobiles, regardless of the purpose The current blending of these divergent of the loan, are to be classified as auto 8 http://www.fdicig.gov/semi-reports/sar2010mar/ portfolios into a single Call Report loan loans and included in the new Call OIGSar2010.pdf.

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position, including its deposit structure, institutions, the listing service must not developing a rational policy concerning on a regular basis. A necessary attempt to steer funds toward particular access to the national deposit funding prerequisite to sound liquidity and institutions (except that the listing markets by banks.’’ One law firm funds management decisions is a sound service may rank institutions according commented that ‘‘[s]ince the FDIC management information system, which to interest rates and also may exclude issued a Final Rule in 2009 to revise provides certain basic information institutions that do not pay the listing insurance assessments on brokered including data on non-relationship fee). Similarly, in any communications deposits (12 CFR part 327), * * * funding programs, such as brokered with depositors or potential depositors, numerous IDIs have turned away from deposits, deposits obtained through the the listing service must not attempt to accepting brokered deposits in favor of Internet or other types of advertising, steer funds toward particular unregulated and opaque deposits from and other similar rate sensitive deposits. institutions. deposit listing services as an alternative Thus, an institution’s management (4) The listing service is not involved (and less scrutinized) source for their should be aware of the number and in placing deposits. Any funds to be non-core out-of-area funding.’’ The other magnitude of such deposits. invested in deposit accounts are law firm made a similar observation, To improve the banking agencies’ remitted directly by the depositor to the adding that the proposed Memorandum ability to monitor potentially volatile insured depository institution and not, item ‘‘will provide important funding sources, the agencies proposed directly or indirectly, by or through the information to regulators about each to close a gap in the information listing service. banks’ deposit funding sources.’’ currently available to them through the The agencies received 15 comments Although commenters, including the Call Report by adding a new (nine banks, three bankers’ associations, deposit listing service, expressed Memorandum item to Schedule RC–E in two law firms, and one deposit listing concern about the ability to identify which banks would report the estimated service) that addressed the proposed deposits obtained through the use of amount of deposits obtained through the collection of the estimated amount of listing services, the deposit listing use of deposit listing services that are deposits obtained through the use of service described itself ‘‘[a]s a closed, not brokered deposits. deposit listing services that are not member-only listing service’’ and stated A deposit listing service is a company brokered deposits. Only the two law that it ‘‘has always provided banks with that compiles information about the firms supported the addition of the tracking utilities and reports that will interest rates offered on deposits, such proposed Memorandum item to the Call allow for the analysis of deposits being as certificates of deposit, by insured Report. The other 13 commenters generated’’ through the use of the listing depository institutions. A particular expressed varying degrees of opposition service, thereby easing ‘‘administrative company could be a deposit listing to the proposal. burdens for our financial institution service (compiling information about The deposit listing service subscribers.’’ The listing service also recommended the agencies withdraw certificates of deposits) as well as a noted that this ‘‘is not the case with this proposal because not all listing deposit broker (facilitating the most or all other listing services.’’ In services serve the same types of placement of certificates of deposit). A addition, the deposit listing service customers, not all listing service deposit listing service is not a deposit stated that: broker if all of the following four criteria deposits can be easily tracked and are met: controlled, not all listing services Further complicating matters is the fact (1) The person or entity providing the represent a source of high-yield that some public, open listing services, listing service is compensated solely by deposits, and the collection of the national publications and rate-advertising Websites will post a bank’s rate without the means of subscription fees (i.e., the fees proposed Memorandum item may bank’s authorization. These sources routinely paid by subscribers as payment for their dissuade bank examiners from pick up the bank’s rates from its own opportunity to see the rates gathered by appropriately evaluating the volatility Website, without the institution’s knowledge. the listing service) and/or listing fees and rate sensitivity of deposits reported Because the bank did not initiate the (i.e., the fees paid by depository in the item. Seven of the banks opposing advertisements (and may not even be aware institutions as payment for their this proposed Memorandum item raised that they exist), the bank will not be able to opportunity to list or ‘‘post’’ their rates). these same four arguments. The other quantify deposits coming from these other The listing service does not require a two banks and two of the bankers’ sources for the purpose of the call report. depository institution to pay for other associations that objected to the One bank made a similar observation services offered by the listing service or proposed item cited the difficulty in about rate-advertising Web sites, stating its affiliates as a condition precedent to identifying and tracking deposits that ‘‘[w]e do not pay to have our rates being listed. obtained from listing services. The other listed on such sites since we concentrate (2) The fees paid by depository bankers’ association expressed concern on relationships with local customers institutions are flat fees: They are not that the addition of a new Call Report but it is possible that some of our calculated on the basis of the number or item on deposits obtained from listing customers opened their accounts with dollar amount of deposits accepted by services, which are currently included us based on those listings.’’ The bank the depository institution as a result of in core deposits, ‘‘will be a first step to recommended that, if the proposed the listing or ‘‘posting’’ of the depository exclude these funds from being Memorandum item is added to the Call institution’s rates. considered core deposits.’’ 9 Report, ‘‘the instructions should exempt (3) In exchange for these fees, the In contrast, the two law firms deposits acquired based on deposit listing service performs no services supporting this proposed Call Report listing services when the bank did not except (A) the gathering and revision characterized it as ‘‘a step in the take any action to have its rates listed transmission of information concerning right direction,’’ ‘‘long overdue,’’ and ‘‘a by the service.’’ the availability of deposits; and/or (B) necessary and vital step toward The agencies acknowledge that, the transmission of messages between unless a deposit listing service offers depositors and depository institutions 9 See Section II.H. below for information on a deposit tracking to its bank customers, (including purchase orders and trade change in the definition of core deposits unrelated the precise amount of deposits obtained to the proposed Memorandum item for nonbrokered confirmations). In publishing or deposits obtained through the use of deposit listing through the use of listing services is not displaying information about depository services. readily determinable. It was for this

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reason that the agencies specifically either by the bank whose rates are being checks would be reported as deposits of proposed that banks report the listed or by the persons or entities who individuals. Certified checks and all estimated amount of listing service view the listed rates. However, the final other official checks would be reported deposits. Furthermore, although some instructions for the Memorandum item as deposits of partnerships and comment letters suggested the agencies’ also will indicate that the actual amount corporations. The agencies requested proposed new Memorandum item was of nonbrokered listing service deposits, comment on this approach to reporting designed to capture all deposits rather than an estimate, should be certified and official checks. obtained via the Internet, that is not the reported for those deposits acquired The agencies received three intended scope of the proposed item. through the use of a service that offers comments from banks and two In their comments, the deposit listing deposit tracking. A bank should comments from bankers’ associations on service and several banks expressed establish a reasonable and supportable the proposal for separate reporting of concern that the addition of the estimation process for identifying listing deposits of individuals versus deposits proposed Memorandum item to the Call service deposits that meet these of partnerships and corporations. Two Report will ‘‘encourage examiners to reporting parameters and apply this bank commenters requested the simply apply a blanket assumption of process consistently over time. exemption of smaller banks from this volatility and rate sensitivity to all proposed reporting requirement. The deposits’’ reported in the new item. One D. Deposits of Individuals, Partnerships, third bank and the two bankers’ bankers’ association questioned what and Corporations associations stated the proposal would would be served if the agencies were to In Call Report Schedule RC–E, require significant system programming collect this information. The estimated Deposit Liabilities, banks currently changes and the bank also questioned amount of deposits obtained through report separate breakdowns of their the meaningfulness of the separate deposit listing services, and how the transaction and nontransaction accounts information. These commenters estimate changes over time, will serve as (in domestic offices) by category of indicated that if the new deposit additional data points for examiners as depositor. The predominant depositor breakdown were adopted, it should be they begin their comprehensive fact- category is deposits of ‘‘Individuals, deferred until either December 31, 2011, specific evaluations of the stability of partnerships, and corporations,’’ which or March 31, 2012, to allow time for banks’ deposit bases. The collection of comprises more than 90 percent of total banks to make the necessary systems the proposed item is not intended to deposits in domestic offices. The recent changes. The bankers’ associations also eliminate examiners’ assessments of crisis has demonstrated that business recommended that all certified and depositors’ characteristics, which of depositors’ behavioral characteristics official checks be reported together in necessity entails a thorough analysis of are significantly different than the one of the two depositor categories, with the risk factors associated with a bank’s behavioral characteristics of one of the associations expressing a depositors and how bank management individuals. Thus, separate reporting of preference for reporting all of these identifies, measures, manages, and deposits of individuals versus deposits checks as deposits of partnerships and controls these risks. Information on the of partnerships and corporations would corporations. Finally, one bankers’ level and trend of an individual bank’s enable the banking agencies to better association recommended that all deposits obtained through the use of assess the liquidity risk profile of brokered deposits and all uninvested listing services also will assist institutions given differences in the trust funds be reported as deposits of examiners in planning how they will relative stability of deposits from these partnerships and corporations, and all evaluate liquidity and funds two sources. mortgage escrows be reported as management during examinations of the As proposed to be revised, Schedule deposits of individuals. bank. From a surveillance perspective, RC–E, item 1, ‘‘Individuals, The agencies have reconsidered their significant changes in a bank’s use of partnerships, and corporations,’’ would proposal for banks to report deposits of listing service deposits may trigger be split into item 1.a, ‘‘Individuals,’’ and individuals separately from deposits of supervisory follow-up prior to the next item 1.b, ‘‘Partnerships and partnerships and corporations in planned examination. corporations.’’ Under this proposal, Schedule RC–E. Although the agencies After considering the comments on its accounts currently reported in item 1 for continue to believe that information proposal, the agencies have decided to which the depositor’s taxpayer distinguishing between deposits of proceed with the proposed new identification number, as maintained on individuals and deposits of partnerships Memorandum item for the estimated the account in the bank’s records, is a and corporations would enhance the amount of deposits obtained through the Social Security Number (or an agencies ability to assess the liquidity use of deposit listing services. As Individual Taxpayer Identification risk profile of institutions, they mentioned above, the new item is not Number 10) should be treated as deposits acknowledge the proposed reporting intended to capture all deposits of individuals. In general, all other revision could necessitate extensive obtained through the Internet, such as accounts currently reported in item 1 programming changes and impose deposits that a bank receives because a should be treated as deposits of significant reporting burden. As a result person or entity has seen the rates the partnerships and corporations. of this reevaluation, the agencies have bank has posted on its own Web site or However, Schedule RC–E, item 1, also decided not to implement this proposed on a rate-advertising Web site that has includes all certified and official checks. Call Report revision. picked up and posted the bank’s rates To limit the reporting burden of this E. Variable Interest Entities on its site without the bank’s proposed change, official checks in the authorization. Accordingly, the final form of money orders and travelers In June 2009, the FASB issued instructions will state that the objective accounting standards that have changed of the Memorandum item is to collect 10 An Individual Taxpayer Identification Number the way entities account for the estimated amount of deposits is a tax processing number only available for certain securitizations and special purpose obtained as a result of action taken by nonresident and resident aliens, their spouses, and entities. ASU No. 2009–16 (formerly dependents who cannot get a Social Security the bank to have its deposit rates listed Number. It is a 9-digit number, beginning with the FAS 166) revised ASC Topic 860, by a listing service, and the listing number ‘‘9,’’ in a format similar to a Social Security Transfers and Servicing, by eliminating service is compensated for this listing Number. the concept of a ‘‘qualifying special-

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purpose entity’’ (QSPE) and changing primary beneficiary.’’ This requirement assets and all other liabilities of the requirements for derecognizing has been interpreted to mean that ‘‘each consolidated VIEs (i.e., all assets of financial assets. ASU No. 2009–17 line item of the consolidated balance consolidated VIEs that are not dedicated (formerly FAS 167) revised ASC Topic sheet should differentiate which portion solely to settling obligations of the VIE 810, Consolidation, by changing how a of those amounts meet the separate and all liabilities of consolidated VIEs bank or other company determines presentation conditions.’’ 12 In requiring for which creditors have recourse to the when an entity that is insufficiently separate presentation for these assets general credit of the reporting bank). capitalized or is not controlled through and liabilities, the FASB agreed with The collection of this information voting or similar rights, i.e., a ‘‘variable commenters on its proposed accounting would help the agencies understand the interest entity’’ (VIE), should be standard on consolidation that ‘‘separate total magnitude of consolidated VIEs. consolidated. For most banks, ASU Nos. presentation * * * would provide These assets and liabilities also would 2009–16 and 2009–17 took effect transparent and useful information be reported separately for securitization January 1, 2010. about an enterprise’s involvement and vehicles, asset-backed commercial paper Under ASC Topic 810, as amended, associated risks in a variable interest conduits, and other VIEs. determining whether a bank is required entity.’’ 13 The banking agencies concur The asset and liability information to consolidate a VIE depends on a that separate presentation would collected in Schedule RC–V would qualitative analysis of whether that bank provide similar benefits to them and represent amounts included in the has a ‘‘controlling financial interest’’ in other Call Report users, particularly reporting bank’s consolidated assets and the VIE and is therefore the primary since data on securitized assets that are liabilities reported on Schedule RC, beneficiary of the VIE. The analysis reconsolidated are no longer reported on Balance Sheet, i.e., after eliminating focuses on the bank’s power over and Call Report Schedule RC–S, Servicing, intercompany transactions. interest in the VIE. With the removal of Securitization, and Asset Sale The agencies received one comment the QSPE concept from generally Activities. from a bankers’ association that accepted accounting principles that was Consistent with the presentation addressed proposed Schedule RC–V. brought about in amended ASC Topic requirements discussed above, the The bankers’ association recommended 860, a bank that transferred financial banking agencies proposed to add a new delaying the March 2011 effective date assets to an SPE that met the definition Schedule RC–V, Variable Interest of this new schedule until a later quarter of a QSPE before the effective date of Entities, to the Call Report in which because the collection of the data to be these amended accounting standards banks would report a breakdown of the reported in the schedule, given the was required to evaluate whether, assets of consolidated VIEs that can be proposed level of granularity, would be pursuant to amended ASC Topic 810, it used only to settle obligations of the mostly a manual process involving must begin to consolidate the assets, consolidated VIEs and liabilities of spreadsheets until systems liabilities, and equity of the SPE as of consolidated VIEs for which creditors modifications could be made. that effective date. Thus, when do not have recourse to the general Because the Call Report balance sheet implementing amended ASC Topics 860 credit of the reporting bank. The is completed on a consolidated basis, and 810 at the beginning of 2010, banks following proposed categories for these the VIE amounts that banks would began to consolidate certain previously assets and liabilities would include report in new Schedule RC–V are off-balance securitization vehicles, some of the same categories presented amounts that, through the consolidation asset-backed commercial paper on the Call Report balance sheet process, already must be reported in the conduits, and other structures. Going (Schedule RC): Cash and balances due appropriate balance sheet asset and forward, banks with variable interests in from depository institutions, Held-to- liability categories. These balance sheet new VIEs must evaluate whether they maturity securities; Available-for-sale categories, by and large, have been have a controlling financial interest in securities; Securities purchased under carried over into Schedule RC–V. these entities and, if so, consolidate agreements to resell, Loans and leases Schedule RC–V distinguishes between them. In addition, banks must held for sale; Loans and leases, net of assets of consolidated VIEs that can be continually reassess whether they are unearned income; Allowance for loan used only to settle obligations of the the primary beneficiary of VIEs in and lease losses; Trading assets (other consolidated VIEs and assets not which they have variable interests. than derivatives); Derivative trading meeting this condition as well as For those VIEs that banks must assets; Other real estate owned; Other liabilities of consolidated VIEs for consolidate, the banking agencies’ Call assets; Securities sold under agreements which creditors do not have recourse to Report instructional guidance advises to repurchase; Derivative trading the general credit of the reporting bank institutions to report the assets and liabilities; Other borrowed money (other and liabilities not meeting this liabilities of these VIEs on the Call than commercial paper); Commercial condition. This distinction is based on Report balance sheet (Schedule RC) in paper; and Other liabilities. These assets existing disclosure requirements the balance sheet category appropriate and liabilities would be presented applicable to financial statements to the asset or liability. However, ASC separately for securitization vehicles, prepared in accordance with U.S. paragraph 810–10–45–25 11 requires a asset-backed commercial paper GAAP, to which the banks likely to have reporting entity to present ‘‘separately conduits, and other VIEs. material amounts of consolidated VIE on the face of the statement of financial In addition, the agencies proposed to assets and liabilities to report have been position: a. Assets of a consolidated include two separate items in new subject for one year. Thus, these banks variable interest entity (VIE) that can be Schedule RC–V in which banks would should have a process in place, even if used only to settle obligations of the report the total amounts of all other manual, for segregating VIE assets and consolidated VIE [and] b. Liabilities of liabilities based on this distinction. a consolidated VIE for which creditors 12 Deloitte & Touche LLP, ‘‘Back on-balance sheet: The agencies recognize that the (or beneficial interest holders) do not Observations from the adoption of FAS 167,’’ May proposed separate reporting of 2010, page 4 (http://www.deloitte.com/view/en_US/ consolidated VIE assets and liabilities have recourse to the general credit of the us/Services/audit-enterprise-risk-services/ Financial-Accounting-Reporting/f3a70ca28d9f by the type of VIE activity, i.e., 11 Formerly paragraph 22A of FIN 46(R), as 8210VgnVCM200000bb42f00aRCRD.htm). securitization vehicles, ABCP conduits, amended by FAS 167. 13 See paragraphs A80 and A81 of FAS 167. and other VIEs, goes beyond the

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disclosure requirements in U.S. GAAP. time. Accordingly, the banking agencies agencies neglected to address the Otherwise, the proposed data proposed to split item 5 of Schedule reporting treatment in Schedule RC–P of requirements for Schedule RC–V have RC–F into two items: item 5.a, ‘‘General 1–4 family residential loans that met the been based purposely on the GAAP account life insurance assets,’’ and item conditions for classification as trading framework. Thus, the agencies have 5.b, ‘‘Separate account life insurance assets. Therefore, the agencies are concluded that it would be appropriate assets.’’ proposing to correct this by providing to proceed with the introduction of new Two insurance consultants and an explicit instructional guidance that all Schedule RC–V in March 2011 as insurance company submitted 1–4 family residential mortgage banking proposed. Banks are reminded that, as comments supporting the agencies’ activities, whether held for sale or mentioned above, they may provide proposal to add a breakdown of life trading purposes, are reportable on reasonable estimates in their March 31, insurance assets by type of policy to the Schedule RC–P. 2011, Call Report for any new or revised Call Report. However, all three The agencies received one comment Call Report item initially required to be commenters noted that the evolution of from a bankers’ association on the reported as of that date for which the life insurance products in recent years proposed guidance on the reporting of requested information is not readily has led to a third type of policy 1–4 family residential mortgages held available. becoming more prevalent in the banking for trading in Schedule RC–P. The commenter supported the proposed F. Life Insurance Assets industry: Hybrid accounts. Such accounts combine features of general clarification and requested further Banks purchase and hold bank-owned and separate account products by clarification on the reporting of life insurance (BOLI) policies as assets, providing the additional asset repurchases and indemnifications in the premiums for which may be used to protection offered by separate accounts this schedule. The commenter suggested acquire general account or separate while also providing a guaranteed separate reporting of loan repurchases account life insurance policies. Banks minimum interest-crediting rate, which from indemnifications for all subitems currently report the aggregate amount of is common to general accounts. They of Schedule RC–P, item 6, ‘‘Repurchases their life insurance assets in item 5 of recommended the agencies revise their and indemnifications of 1–4 family Call Report Schedule RC–F, Other proposal from a two-way to a three-way residential mortgage loans during the Assets, without regard to the type of breakdown of life insurance assets or, quarter.’’ policies they hold. although not the preferable approach, In September 2010, the agencies Many banks have BOLI assets, and the advise banks with hybrid account life clarified the Call Report instructions for traditional distinction between those insurance assets to report them together Schedule RC–P, item 6, to explain life insurance policies that represent with general account life insurance which repurchases of 1–4 family general account products and those that assets because they have more general residential mortgage loans are reportable represent separate account products has account characteristics. Because of the in this item. Specifically, instructional meaning with respect to the degree of agencies’ interest in being better able to guidance was provided stating that credit risk involved as well as understand the risk characteristics of banks should exclude 1–4 family performance measures for the life banks’ holdings of life insurance assets, residential mortgage loans that have insurance assets in a volatile market the agencies have decided to implement been repurchased solely at the environment. In a general account the three-way breakdown of these assets discretion of the bank from item 6. The policy, the general assets of the consistent with the commenters’ agencies do not believe there is a insurance company issuing the policy supervisory need to separate the recommendation. support the policy’s cash surrender reporting of loan repurchases from value. In a separate account policy, the G. Call Report Instructional Revisions indemnifications in Schedule RC–P, policy’s cash surrender value is 1. Reporting of 1–4 Family Residential item 6, but welcome comments supported by assets segregated from the regarding any further clarifications to Mortgages Held for Trading in Schedule general assets of the insurance carrier. these reporting instructions. Under such an arrangement, the RC–P policyholder neither owns the The banking agencies began collecting 2. Maturity and Repricing Data for underlying separate account created by information in Schedule RC–P, 1–4 Assets and Liabilities at Contractual the insurance carrier on its behalf nor Family Residential Mortgage Banking Ceilings and Floors controls investment decisions in the Activities in Domestic Offices, in Banks report maturity and repricing account. Nevertheless, the policyholder September 2006. At that time, the data for debt securities (not held for assumes all investment and price risk. instructions for Schedule RC–C, part I, trading), loans and leases (not held for A number of banks holding separate Loans and Leases, indicated that loans trading), time deposits, and other account life insurance policies have generally could not be classified as held borrowed money in Call Report recorded significant losses in recent for trading. Therefore, all 1–4 family Schedule RC–B, Securities; Schedule years due to the volatility in the markets residential mortgage loans designated as RC–C, part I, Loans and Leases; and the vulnerability to market held for sale were reportable in Schedule RC–E, Deposit Liabilities; and fluctuations of the instruments that are Schedule RC–P. In March 2008, the Schedule RC–M, Memoranda, investment options in separate account banking agencies provided instructional respectively. The agencies use these life insurance policies. Information guidance establishing conditions under data to assess, at a broad level, a bank’s distinguishing between the cash which banks were permitted to classify exposure to interest rate risk. The surrender values of general account and certain assets (e.g., loans) as trading, and instructions for reporting the maturity separate account life insurance policies specified that loans classified as trading and repricing data currently require that would allow the banking agencies to assets should be excluded from when the interest rate on a floating rate track banks’ holdings of both types of Schedule RC–C, part I, Loans and instrument has reached a contractual life insurance policies with their Leases, and reported instead in floor or ceiling level, which is a form of differing risk characteristics and Schedule RC–D, Trading Assets and embedded option, the instrument is to changes in their carrying amounts Liabilities (if the reporting threshold for be treated as ‘‘fixed rate’’ rather than resulting from their performance over this schedule were met). However, the ‘‘floating rate’’ until the rate is again free

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to float. As a result, a floating rate its contractual floor would be treated as Uniform Bank Performance Report instrument whose interest rate has a fixed rate instrument and reported (UBPR), currently incorporates a fallen to its floor or risen to its ceiling based on the time remaining until its $100,000 threshold for time deposits. is reported based on the time remaining contractual maturity date. In contrast, This amount was the standard until its contractual maturity date rather the instructions would state that a maximum deposit insurance amount than the time remaining until the next floating rate asset that has reached its before the enactment of the Dodd-Frank interest rate adjustment date (or the contractual floor and a floating rate Act, which permanently increased the contractual maturity date, if earlier). liability that has reached its contractual standard maximum amount to $250,000 This reporting treatment is designed to ceiling would be treated as a floating on July 21, 2010. Consequently, one capture the potential effect of the rate instrument and reported based on bankers’ association urged the agencies embedded option under particular the time remaining until the next to adjust the core deposit threshold to interest rate scenarios. interest rate adjustment date (or the $250,000 for consistency with the The American Bankers Association contractual maturity date, if earlier). deposit insurance limit. Similarly, the (ABA) requested that the agencies The agencies received comments from second bankers’ association stated this reconsider the reporting treatment for two bankers’ associations on this change in the standard maximum floating rate loans with contractual proposed instructional change. One deposit insurance amount eliminated floors and ceilings. More specifically, bankers’ association recommended the the need to continue to base the the ABA recommended revising the agencies adopt their proposed approach identification of core deposits on the instructions so that floating rate loans only for floating rate loans reported in $100,000 threshold. This association would always be reported based on the Schedule RC–C, part I. This bankers’ recommended that references in the Call time remaining until the next interest association opposed extending the same Report to $100,000 be revised and rate adjustment date without regard to proposed approach to the other three updated. whether the rate on the loan has reached Call Report schedules in which The banking agencies publish the a contractual floor or ceiling. repricing data are reported for certain UBPR quarterly to facilitate peer The agencies considered this request other floating rate instruments because comparisons of bank performance by and concluded that an instructional its ‘‘members believe that not enough bankers, examiners, and bank analysts. revision was warranted, provided it research has been completed’’ to UBPR data are calculated primarily from applied to all floating rate instruments understand the effect of the proposed data reported in the Call Report. The for which repricing information is instructional change on how these other UBPR includes a liquidity page that reported in the Call Report, but the instruments would be reported. The contains calculated values for a variety extent to which the revision applied to other bankers’ association of predefined ratios, including several floors and ceilings should be narrower recommended against proceeding with ratios measuring core and non-core than recommended by the ABA. The the proposed instructional change funding dependency. The agencies’ agencies concluded that when a floating because of the implementation burden staffs use these ratios for offsite rate instrument is at its contractual floor associated with the multiple systems surveillance purposes to identify or ceiling and the embedded option has that would need to be revised. This institutions with potentially heightened intrinsic value to the bank, the floor or association also observed that the risk characteristics, while examiners ceiling should be ignored and the revised information for floating rate may use these ratios in their reports, as instrument should be treated as a instruments at contractual ceilings and appropriate, for benchmarking purposes floating rate instrument. However, if the floors would be commingled with the in their liquidity analyses. embedded option has intrinsic value to maturity and repricing information for the bank’s counterparty, the contractual all of the other instruments in the same At present, the UBPR defines core floor or ceiling should continue to be asset or liability category. deposits as the sum of demand deposits, taken into account and the instrument After considering the comments negotiable order of withdrawal (NOW) should be treated as a fixed rate received, the agencies have decided not accounts, automatic transfer service instrument. For example, when the to change the instructions for reporting (ATS) accounts, money market deposit interest rate on a floating rate loan repricing information for floating rate accounts (MMDA), other savings reaches its contractual ceiling, the instruments at contractual ceilings and deposits, and time deposits of less than embedded option represented by the floors in Schedules RC–B; RC–C; part I, $100,000. All time deposits with ceiling has intrinsic value to the RC–E; and RC–M. Such floating rate balances of $100,000 or more, including borrower and is a detriment to the bank instruments should continue to be those with balances between $100,000 because the loan’s yield to the bank is reported in these schedules in and $250,000, are not included in core lower than what it would have been accordance with the longstanding deposits for UBPR purposes. without the ceiling. When the interest requirement that the instruments be The UBPR also defines an associated rate on a floating rate loan reaches its treated as ‘‘fixed rate’’ rather than concept, non-core liabilities, as total contractual floor, the embedded option ‘‘floating rate’’ until their rate is again time deposits of $100,000 or more, other represented by the floor has intrinsic free to float. borrowed money, foreign office value to the bank and is a benefit to the deposits, securities sold under bank because the loan’s yield to the H. Definitions of Core Deposits and agreements to repurchase, Federal funds bank is higher than what it would have Non-Core Funding purchased, and brokered deposits of less been without the floor. As previously mentioned, two than $100,000. Thus, for example, all Accordingly, the agencies proposed to bankers’ associations submitted fully insured time deposits in amounts revise the instructions for reporting comments addressing the definition of greater than $100,000 are currently maturity and repricing data in the four core deposits, which was not part of the deemed to be non-core liabilities. Call Report schedules identified above. agencies’ proposed Call Report revisions Finally, the UBPR further refines the As proposed, the instructions would for March 2011. The associations noted concept of non-core liabilities by indicate that a floating rate asset that that the definition of this term, which is separately defining short-term non-core has reached its contractual ceiling and used in the calculation of ratios liabilities as those non-core liabilities a floating rate liability that has reached published by the agencies in the with maturities of one year or less.

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For purposes of liquidity evaluations Call Report for March 31, 2011, the sold under agreements to repurchase, conducted during safety-and-soundness agencies have decided to implement a and Federal funds purchased. examinations, examiners are expected to further breakdown of two items in Request for Comment consider a variety of factors in assessing Schedule RC–E, Deposit Liabilities, as the stability of a bank’s deposit base. follows: Public comment is requested on all Given that such an assessment is (1) Existing Memorandum item aspects of this joint notice. Comments complex and fact specific, a bank’s core 1.d.(2), ‘‘Brokered deposits of $100,000 are invited on: deposit and non-core funding ratios or more with a remaining maturity of (a) Whether the proposed revisions to calculated by the UBPR are best viewed one year or less,’’ would be split into the collections of information that are as a starting point for further liquidity new Memorandum item 1.d.(2), the subject of this notice are necessary analysis. Furthermore, a strong case can ‘‘Brokered deposits of $100,000 through for the proper performance of the be made that the current UBPR $250,000 with a remaining maturity of agencies’ functions, including whether definitions of core deposits and non- one year or less,’’ and new the information has practical utility; core funds are not the appropriate Memorandum item 1.d.(3), ‘‘Brokered (b) The accuracy of the agencies’ starting point for analysis given the deposits of more than $250,000 with a estimates of the burden of the permanent change in the standard remaining maturity of one year or less,’’ information collections as they are maximum deposit insurance amount to and proposed to be revised, including the $250,000. At present, non-brokered time (2) Existing Memorandum item 4.b, validity of the methodology and deposits of $100,000 or more with fully ‘‘Time deposits of $100,000 or more assumptions used; insured balances are automatically with a remaining maturity of one year (c) Ways to enhance the quality, being deemed non-core funds in the or less,’’ would be split into new utility, and clarity of the information to current UBPR. Although examiners can, Memorandum item 4.b, ‘‘Time deposits be collected; and are expected to, look through ratios of $100,000 through $250,000 with a (d) Ways to minimize the burden of to assess the underlying stability of remaining maturity of one year or less,’’ information collections on respondents, deposits, it seems inappropriate to and new Memorandum item 4.c, ‘‘Time including through the use of automated automatically penalize all such deposits deposits of more than $250,000 with a collection techniques or other forms of with a non-core funding designation in remaining maturity of one year or less.’’ information technology; and the UBPR. For UBPR calculation purposes (e) Estimates of capital or start up Accordingly, after considering the beginning with Call Report data costs and costs of operation, comments from the two bankers’ reported as of March 31, 2011, core maintenance, and purchase of services associations, the agencies have deposits will be defined as the sum of to provide information. concluded that non-brokered time demand deposits, NOW accounts, ATS Comments submitted in response to deposits with balances between accounts, MMDAs, other savings this joint notice will be shared among $100,000 and $250,000 should be deposits, and total time deposits of the agencies. All comments will become considered core deposits rather than $250,000 or less, minus brokered a matter of public record. non-core liabilities for UBPR calculation deposits of $250,000 or less. Non-core Dated: January 20, 2011. purposes. The agencies further believe liabilities will be defined as the sum of Michele Meyer, that, for consistency, this increased total time deposits of more than Assistant Director, Legislative and Regulatory deposit threshold should be $250,000, brokered deposits of $250,000 Activities Division, Office of the Comptroller incorporated at the same time into the or less, other borrowed money, foreign of the Currency. UBPR definitions of non-core liabilities office deposits, securities sold under Board of Governors of the Federal Reserve and short-term non-core liabilities. agreements to repurchase, and Federal System, January 24, 2011. Although the definitional changes for funds purchased. Short-term non-core Jennifer J. Johnson, core deposits and non-core liabilities liabilities will be defined as the sum of Secretary of the Board. can be implemented using information time deposits of more than $250,000 currently collected in the Call Report, with a remaining maturity of one year Dated at Washington, DC, this 20th day of January 2011. each of two existing Call Report items or less, brokered deposits of $250,000 or would need to be revised to support an less with a remaining maturity of one Federal Deposit Insurance Corporation. updated definition of short-term non- year or less, other borrowed money with Robert E. Feldman, core liabilities that reflects the increased a remaining maturity of one year or less, Executive Secretary. standard maximum insurance amount of foreign office deposits with a remaining [FR Doc. 2011–1815 Filed 1–27–11; 8:45 am] $250,000. Therefore, effective with the maturity of one year or less, securities BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P

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Reader Aids Federal Register Vol. 76, No. 19 Thursday, January 28, 2011

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revison date of each title. Presidential Documents 1 CFR 3404...... 4801 Executive orders and proclamations 741–6000 3405...... 4801 Proposed Rules: The United States Government Manual 741–6000 3406...... 4801 304...... 1542 3407...... 4801 Other Services 3 CFR 3411...... 4801 Electronic and on-line services (voice) 741–6020 3415...... 4801 Privacy Act Compilation 741–6064 Proclamations: 3430...... 4801 Public Laws Update Service (numbers, dates, etc.) 741–6043 8622...... 2241 3565...... 1 TTY for the deaf-and-hard-of-hearing 741–6086 8623...... 3817 8624...... 3819 Proposed Rules: 59...... 4554 ELECTRONIC RESEARCH Executive Orders: 185...... 3046 13563...... 3821 World Wide Web 205...... 288 Administrative Orders: Full text of the daily Federal Register, CFR and other publications 210...... 2494 Memorandums: is located at: www.fdsys.gov. 220...... 2494 Memorandum of 400...... 718 Federal Register information and research tools, including Public January 6, 2011 ...... 1977 Inspection List, indexes, and links to GPO Access are located at: 945...... 4254 Memo. of January 18, 989...... 4254 www.ofr.gov. 2011 (2011-1386) ...... 3825 E-mail Memo. of January 18, 8 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 2011 (2011-1387) ...... 3827 234...... 5058 an open e-mail service that provides subscribers with a digital Notices: form of the Federal Register Table of Contents. The digital form Notice of January 13, 9 CFR of the Federal Register Table of Contents includes HTML and 2011 ...... 3009 93...... 4046 PDF links to the full text of each document. Notice of January 26, 94...... 4046 To join or leave, go to http://listserv.access.gpo.gov and select 2011 ...... 5053 95...... 4046 Online mailing list archives, FEDREGTOC-L, Join or leave the list Presidential Determinations: 201...... 3485 (or change settings); then follow the instructions. No. 2011-6 of Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail November 29, 103...... 2268 service that notifies subscribers of recently enacted laws. 2010 ...... 1333 112...... 2268 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 114...... 2268 and select Join or leave the list (or change settings); then follow 5 CFR the instructions. 3401...... 1335 10 CFR FEDREGTOC-L and PENS are mailing lists only. We cannot Proposed Rules: 72...... 2243 respond to specific inquiries. 531...... 1096 430...... 972 Reference questions. Send questions and comments about the 575...... 1096 Federal Register system to: [email protected] Proposed Rules: 40...... 1100 The Federal Register staff cannot interpret specific documents or 7 CFR 50...... 3540 regulations. 1b...... 4801 52...... 3540 Reminders. Effective January 1, 2009, the Reminders, including 2...... 4801 72...... 2277 Rules Going Into Effect and Comments Due Next Week, no longer 8...... 4801 73...... 1376, 5102 appear in the Reader Aids section of the Federal Register. This 12...... 4801 431...... 648 information can be found online at http://www.regulations.gov. 23...... 4801 835...... 4258 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 52...... 251 1021...... 214 longer appears in the Federal Register. This information can be 301 ...... 1337, 1338, 1339, 3011 found online at http://bookstore.gpo.gov/. 407...... 4801 12 CFR 457...... 4201, 4801 330...... 4813 FEDERAL REGISTER PAGES AND DATE, JANUARY 550...... 4801 761...... 5055 380...... 4207 1–250...... 3 4201–4488...... 25 766...... 5055 707...... 3487 251–418...... 4 4489–4800...... 26 920...... 4201 Proposed Rules: 419–696...... 5 4801–5052...... 27 927...... 4202 3...... 1890 208...... 1890 697–1058...... 6 5053–5266...... 28 985...... 4204 1059–1332...... 7 1410...... 4801 225...... 1890 1333–1510...... 10 1436...... 4801 325...... 1890 1511–1978...... 11 1437...... 4801 1310...... 4555 1979–2242...... 12 1468...... 4801 13 CFR 2243–2570...... 13 1469...... 4801 2571–2798...... 14 1491...... 4027 115...... 2571 2799–3010...... 18 2904...... 3790 Proposed Rules: 3011–3484...... 19 3400...... 4801 107...... 2029 3485–3820...... 20 3401...... 4801 3821–4026...... 21 3402...... 4801 14 CFR 4027–4200...... 24 3403...... 4801 1...... 5

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25...... 5061 19 CFR 4022...... 2578 4076, 4534, 4537, 4540, 39 ...... 253, 255, 419, 421, 423, 10...... 697 Proposed Rules: 5078 426, 428, 430, 432, 435, 12...... 3012 452...... 1559 53...... 4780 437, 441, 444, 1339, 1342, 24...... 697 58...... 4780 1346, 1349, 1351, 1979, 122...... 5058 30 CFR 60...... 2832, 3517 1983, 1985, 1990, 1993, 145...... 2573 285...... 4244 63...... 2832, 4156 1996, 2572, 4056, 4216, 159...... 2573 3020...... 1357 70...... 4076 81 ...... 1532, 3838, 3840 4219, 4221, 4224, 4226, 162...... 697 Proposed Rules: 180...... 3026, 4542 5066 163...... 697 70...... 2617 239...... 270 65...... 9 173...... 2573 71...... 2617 258...... 270 71 ...... 1511, 1512, 1513, 1999, 174...... 2573 72...... 2617 261...... 4823 2000, 2609, 2799, 2800, 178...... 697 75...... 2617 799...... 1067, 4549 2801, 3011, 5068 90...... 2617 20 CFR 1500...... 3843 77...... 2802 920...... 5103 1501...... 3843 97 ...... 1354, 1355, 4061, 4064 416...... 446 931...... 4266 135...... 3831 655...... 3452 1502...... 3843 Proposed Rules: 31 CFR 1505...... 3843 21 CFR 1506...... 3843 17...... 2035 1...... 4816 25...... 291, 472 50...... 256 1507...... 3843 510...... 2807 285...... 5070 1508...... 3843 39...28, 31, 34, 42, 46, 50, 292, 515...... 5072 477, 480, 482, 485, 721, 522...... 2807, 3488 Proposed Rules: 1552, 1556, 2279, 2281, Proposed Rules: 32 CFR 49...... 2056 2284, 2605, 2607, 2840, 16...... 737 51...... 1109 1107...... 737 185...... 2246 52 ...... 298, 491, 508, 752, 758, 2842, 2846, 2848, 3054, 199...... 2253 3561, 3564, 3566, 3854, 1308...... 2287 763, 1109, 1578, 1579, 3856, 4260, 4264, 4567 Proposed Rules: 2066, 2070, 2293, 2294, 24 CFR 199 ...... 2288, 2290, 2291 71 ...... 489, 1377, 1378, 1380, 2853, 2859, 4084, 4268, 311...... 56 2572, 3569, 3570, 3571 Proposed Rules: 4271, 4578, 4579, 4584, 5...... 4194 4588, 4592, 4597, 4801, 77...... 490 33 CFR 200...... 4194 4835 15 CFR 203...... 4194 117 ...... 12, 1359, 3516, 3837, 55...... 1389 236...... 4194 4817, 4818, 4819 732...... 1059 60 ...... 2056, 2860, 3060, 3587 570...... 4194 146...... 2254 734...... 1059 63...... 2056, 2860 574...... 4194 165 ...... 12, 1065, 1360, 1360, 738...... 4228 70...... 4084 982...... 4194 1362, 1519, 1521, 2579, 740...... 1059, 4228 72...... 1109 2827, 2829, 3014, 4529, 742...... 4228 25 CFR 75...... 2056 4532 744...... 4228 78...... 1109 Proposed Rules: Proposed Rules: 86...... 2056 748...... 2802 Ch. I ...... 2617 772...... 1059 100 .....1381, 1384, 1564, 1568, 89...... 2056 774...... 1059 26 CFR 3057 92...... 2056 117...... 4574 Proposed Rules: 1 ...... 708, 1063, 3837, 4244 94...... 2056 165 ...... 1386, 1568, 4575, 4833 30...... 4002 31...... 708 97...... 1109 401...... 5104 922...... 294, 2611 40...... 708, 709 98...... 3062 301...... 708, 709 152...... 302, 4602 36 CFR 180...... 3422 16 CFR Proposed Rules: 261...... 3015 230...... 303 305...... 1038 1 ...... 1101, 1105, 2852 31...... 1105, 2852 1200...... 1523 258...... 303 17 CFR 300...... 2617 Proposed Rules: 260...... 5107 7...... 57 261...... 5107, 5110 200...... 2805 301...... 2852 230...... 744 271...... 2618 201...... 4066 27 CFR 300...... 510 202...... 4066 4...... 3489 37 CFR 761...... 2056 229...... 4231, 4489 1065...... 2056 230...... 4231 9...... 3489 202...... 4072 232...... 1514, 4489 19...... 3502 Proposed Rules: 41 CFR 24...... 3502 202...... 5106 240...... 4066, 4489 Proposed Rules: 249...... 4489 25...... 3502 26...... 3502 38 CFR 60-1...... 62 275...... 255 60-2...... 62 279...... 255 40...... 3502 3...... 4245 41...... 3502 17...... 4245 42 CFR Proposed Rules: 70...... 3489, 3502 1...... 722, 4752 21...... 4245 Proposed Rules: 405...... 1670 37...... 722, 1214 74...... 3017 4...... 3573 409...... 1670 38...... 722 Proposed Rules: 410...... 1366, 1670 5...... 3584 5...... 2766 39...... 722, 3698 19...... 3584 411...... 1670 40...... 722 413...... 628, 1670 24...... 3584 39 CFR 150...... 4752 25...... 3584 414...... 1670 151...... 4752 26...... 3584 111...... 4820 415...... 1670 165...... 4569 40...... 3584 Proposed Rules: 424...... 1670 240 ...... 824, 2049, 2287, 3859 41...... 3584 3050...... 296, 297 Proposed Rules: 249 ...... 824, 2049, 2287 70...... 3584 71...... 678 40 CFR 412...... 4998 18 CFR 28 CFR 9...... 1067, 4156 422...... 2454 260...... 4516 570...... 1516 35...... 709 480...... 2454 Proposed Rules: 50...... 4780 35...... 4569 29 CFR 52 ...... 15, 1525, 2263, 2581, 44 CFR 410...... 295 24...... 2808 2589, 2591, 2829, 3023, 64...... 2596, 5081

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65 ...... 17, 23, 2837 1...... 4188 176...... 3308 1034...... 766 67 ...... 272, 1093, 1535, 3524, 9...... 4188 179...... 4250 1102...... 766 3531 12...... 4188 180...... 3308 1104...... 766 Proposed Rules: 52...... 4188 541...... 2598 1115...... 766 67 ...... 1121, 3590, 3595, 3596 216...... 3536 571...... 3212 219...... 3536 580...... 1367 50 CFR 45 CFR 225...... 3536 585...... 3212 227...... 3536 17...... 3029 170...... 1262 Proposed Rules: 233...... 3536 32...... 3938 680...... 3853 173...... 4847 245...... 3536 300 ...... 283, 464, 2011 1611...... 4550 174...... 4276 249...... 3536 660...... 3539 177...... 5120 665...... 4551 47 CFR 252...... 25, 3536 1804...... 4079 195...... 303 679 .....26, 466, 467, 469, 1539, 54...... 4827 1845...... 2001 228...... 64 2027, 3044, 3045, 4081, 73...... 4078 1852...... 2001, 4079 229...... 2200 4082, 4551, 4552 90...... 2598 238...... 2200 Proposed Rules: Proposed Rules: 49 CFR 392...... 5120 17 ...... 304, 2076, 2863, 3069, 20 ...... 1126, 2297, 2625 26...... 5083 567...... 2631 3392 64...... 4838 105...... 454 571...... 78 226...... 515, 1392 73 ...... 3875, 5119, 5120 107...... 454 575...... 2309 300...... 2871 90...... 3064 171...... 454, 3308 591...... 2631 622...... 3596, 4084 172...... 3308 592...... 2631 635...... 2313 48 CFR 173...... 3308 593...... 2631 648...... 2640 Ch. 1...... 4188, 4191 175...... 3308 1011...... 766 660...... 4854

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S. 118/P.L. 111–372 S. 3481/P.L. 111–378 to make stabilization fund expenditures without borrowing LIST OF PUBLIC LAWS Section 202 Supportive To amend the Federal Water Housing for the Elderly Act of Pollution Control Act to clarify from the Treasury. (Jan. 4, 2011; 124 Stat. 4134) This is a continuing list of 2010 (Jan. 4, 2011; 124 Stat. Federal responsibility for 4077) stormwater pollution. (Jan. 4, public bills from the current Last List January 10, 2011 session of Congress which S. 841/P.L. 111–373 2011; 124 Stat. 4128) have become Federal laws. It Pedestrian Safety S. 3592/P.L. 111–379 may be used in conjunction Enhancement Act of 2010 To designate the facility of the with ‘‘P L U S’’ (Public Laws (Jan. 4, 2011; 124 Stat. 4086) United States Postal Service Update Service) on 202–741– located at 100 Commerce Public Laws Electronic S. 1481/P.L. 111–374 6043. This list is also Drive in Tyrone, Georgia, as Notification Service available online at http:// Frank Melville Supportive the ‘‘First Lieutenant Robert (PENS) www.archives.gov/federal- Housing Investment Act of Wilson Collins Post Office register/laws.html. 2010 (Jan. 4, 2011; 124 Stat. Building’’. (Jan. 4, 2011; 124 4089) The text of laws is not Stat. 4130) PENS is a free electronic mail published in the Federal S. 3036/P.L. 111–375 S. 3874/P.L. 111–380 notification service of newly Register but may be ordered National Alzheimer’s Project Reduction of Lead in Drinking enacted public laws. To in ‘‘slip law’’ (individual Act (Jan. 4, 2011; 124 Stat. Water Act (Jan. 4, 2011; 124 subscribe, go to http:// pamphlet) form from the 4100) Stat. 4131) listserv.gsa.gov/archives/ Superintendent of Documents, S. 3243/P.L. 111–376 S. 3903/P.L. 111–381 U.S. Government Printing publaws-l.html Anti-Border Corruption Act of To authorize leases of up to Office, Washington, DC 20402 2010 (Jan. 4, 2011; 124 Stat. 99 years for lands held in Note: This service is strictly (phone, 202–512–1808). The 4104) text will also be made trust for Ohkay Owingeh for E-mail notification of new available on the Internet from S. 3447/P.L. 111–377 Pueblo. (Jan. 4, 2011; 124 laws. The text of laws is not GPO Access at http:// Post-9/11 Veterans Stat. 4133) available through this service. www.gpoaccess.gov/plaws/ Educational Assistance S. 4036/P.L. 111–382 PENS cannot respond to index.html. Some laws may Improvements Act of 2010 To clarify the National Credit specific inquiries sent to this not yet be available. (Jan. 4, 2011; 124 Stat. 4106) Union Administration authority address.

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